A panel of jurors was dismissed Tuesday morning when the case theywere scheduled to hear was declared a mistrial.
Escambia County Circuit Judge Bradley Byrne made the ruling just after proceedings began in the first scheduled day of testimony in the case.

Creg Johnson of Atmore had been accused of first-degree rape stemmingfrom an incident reported in December 2009.

During jury selection, Assistant District Attorney Todd Stearns toldpotential jurors that Johnson is accused of having forced a child under the age of 12 to have sexual intercourse at their Medial Park Drive home in Atmore.

In his decision to declare a mistrial, Byrne told attorneys for prosecution and defense resetting the case would be required.

“This court has determined a mistrial be granted in this case to allow defense council a chance to interview the witness,” Byrne said. “The case will be set on a future docket.”

The decision in the case came after defense attorney Robert C. King requested a mistrial based on discovery undisclosed by prosecuting attorneys.

Byrne said the reason for the request was that exculpatory statements had been made by a witness in the case that had not been provided to defense attorneys in the case. Statements made by a former Atmore police officer were in question.

According to Byrne, the mistrial will allow King to interview the witness in preparation for defense of Johnson.

“This decision will allow attorneys to properly prepare for this case without the pressure of time with a waiting jury,” Byrne said.
The trial was tentatively set for January 2012.