By Daily Mail PUBLISHED: 10:37 EST, 21 August 2013 UPDATED: 12:03 EST, 21 August 2013 A Florida judge has declared a mistrial in a baby death case after the child's mother testified that her ex-boyfriend threatened to shoot her son in the face - information that was previously agreed upon as being inadmissible in court. Hillsborough Circuit Judge William Fuente reluctantly called off the trial of Tampa man Richard McTear on Tuesday, ruling Jasmine Bedwell, 22, had poisoned proceedings with the alleged threat and there was no way for the jury to ignore it. McTear is accused of murdering Bedwell's son, Emanuel Murray Jr., by throwing the three-month-old out the window of a moving car in 2009.
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Florida judge William Fuente reluctantly called off the trial of Tampa man Richard McTear on Tuesday
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Jasmine Bedwell, 22, had poisoned proceedings with the alleged threat and there was no way for the jury to ignore it
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Bedwell's remarks had been ruled inadmissible because they had been part of a previous trial where McTear was ultimately acquitted for assault
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New jury will be selected but trial is unlikely to begin again until December
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Richard McTear allegedly beat his ex-girlfriend before driving off with her infant and throwing it onto a Florida Interstate
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He could get the death penalty if convicted of first-degree murder
Legal experts applauded @placeholder's decision, adding that proper trial procedure must be followed in death penalty cases because convictions are intensively reviewed on appeal.