|  | Judge 
              declares mistrial, orders new judge 
 Wanda English Burnett, Editor
 
 Vincent E. Simon, 41 of Osgood, faces three counts of Incest that 
              were filed in November of 2006. Just a few days before the case 
              was set to be heard by a jury, a motion by the defense to change 
              and have a bench trial was agreed to by Prosecutor Ric Hertel. The 
              case was then scheduled to be heard by Judge Taul. Both sides would 
              present evidence and witnesses with the judge deciding guilt or 
              innocence.
 
 The bench trial that began last Tuesday, August 14, in Ripley County 
              Circuit Court, ended the same day in a mistrial when Judge Carl 
              Taul recused himself.
 
 According to court transcripts during cross-examination of the alleged 
              victim, defense Attorney Francis Cardis asked if the witness had 
              a bad relationship with her father (the defendant) because of Darla 
              Westerfeld. The witness agreed she did. When asked who Westerfeld 
              was, the witness noted that she was someone her father had a relationship 
              with.
 
 Prosecutor Hertel objected to the questioning asking the relevance. 
              Defense's reply was, "Your honor, I think that..cross-examination 
              provides an opportunity to demonstrate prejudice on the witness' 
              part. That there was some sort of ax to grind..."
 
 At this time Judge Taul asked to see counsel at the bench. He then 
              disclosed that Westerfeld was a friend of his.
 
 Cardis said he didn't know this information. When asked by the Judge 
              what the testimony's anticipation was, the defense attorney continued 
              "merely that this witness believed, whether true or not, that 
              Ms. Westerfeld was having an affair with her father and she was 
              angry that as the witness may view it he cheated on the mother."
 
 The prosecutor noted that he felt to protect the record, the defendant 
              should know the judge's relationship with Westerfeld and have no 
              objection to the judge hearing the case.
 
 Cardias continued saying for the purpose of full disclosure his 
              client also indicated another incident involving Westerfeld.
 
 At this time the judge called a 15-minute recess.
 
 Upon returning, Cardias was instructed to proceed by the judge.
 
 The alleged victim continued to answer questions under cross-examination. 
              According to witnesses this went on for over another hour, making 
              her testimony last over three hours.
 
 When the testimony ended, Judge Taul excused the witness and called 
              counsel to the bench. He then again noted he knew Westerfeld and 
              was therefore declaring a mistrial.
 
 Prosecutor Hertel said his initial reaction was shock. While understanding 
              there are circumstances when people are witnesses and friends with 
              the judge, he said Westerfeld was not on the witness list. He further 
              noted that since she was seated in the courtroom throughout proceedings, 
              he was confident she wouldn't be called as a witness.
 
 "I was disappointed for the victim...that she had to go through 
              the ordeal of testifying and now she'll have to do it again," 
              Hertel noted.
 
 The alleged victim's family felt outraged at the court proceedings. 
              Her mother, Krystall Simon, noted, "What I want to know is 
              what it takes to get a fair trial?" She said while her daughter 
              was telling what happened to her for over three hours, it was all 
              for naught.
 
 "I feel like our family has had to pay for what he (defendant) 
              did," noted the alleged victim, saying she felt as though her 
              testimony was taken as a joke by people watching the proceedings. 
              "I could hear people laughing, making remakrs."
 
 "We just feel so betrayed," Krystall noted.
 
 An order naming a special judge in the case has been filed. While 
              it's not certain that Judge W. Michael Wilke will be able to hear 
              the case as the order deems, Prosecutor Hertel said they will have 
              another judge and the trial will proceed.
 
 The alleged victim says she's waited two years for justice and while 
              it didn't happen last week, she's willing to try again. "We 
              were hoping this would all be over," concluded her mother.
 
 (Editor's note: Calls made to Judge Taul's Office and Defense Attorney 
              Francis Cardis were not returned by press time.)
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