By Associated Press - Thursday, May 21, 2015

PORTALES, N.M. (AP) - Prosecutors say it’ll take up to 6 months to set a new murder trial for a Portales man after Judge Stephen Quinn declared a mistrial.

The Portales News-Tribune reports (https://bit.ly/1GsOVOq) Marvin Silva is charged with hitting 25-year-old Marco Bonilla in the head with a hammer during a fight in November 2009. Seven witnesses testified for full day Wednesday before Chief Deputy District Attorney Brian Stover says the pathologists who conducted the victim’s autopsy couldn’t be brought to court.

Stover says one pathologist moved out of state and another was deployed with the military.

Defense attorney Gary Mitchell says it’s vital to bring the original pathologist to court.

Mitchell didn’t join the state in subpoenaing the pathologists. Stover says Quinn declared a mistrial because the defense didn’t have an opportunity to carry out a subpoena.

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Information from: Portales News-Tribune, https://www.pntonline.com

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