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Trial In Slaying Of Teen Ends In Mistrial

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By Todd Leskanic of The Tampa Tribune

Published: October 9, 2007

NEW PORT RICHEY – A judge granted a mistrial today in the case of Phillup Alan Partin because of the last-minute discovery of an FDLE report last week.

Partin, 42, is charged with first-degree murder in the July 2002 death of 16-year-old Joshan Ashbrook. He faces the death penalty if found guilty as charged. Ashbrook's body was found in the woods off Shady Hills Road on Aug. 1, 2002.

Circuit Judge William Webb granted the defense motion for mistrial, saying the late-discovered report was prejudicial to Partin's right to a fair trial. The report, which held the results of DNA testing on a blood stain found on Shady Hills Road, was never given to attorneys in the case.

Defense attorneys argued that they would have prepared differently had they known the result. Attempts to remedy the problem over the weekend were unsuccessful.

Partin's trial began Oct. 1. The state rested its case Friday, just before the issue of the missing report arose.

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