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When 23-year-old John Ditullio stands trial this coming week, …

New trial date set for admitted Nazi

Updated: Monday, 14 Dec 2009, 5:35 PM EST
Published : Monday, 14 Dec 2009, 10:49 AM EST

NEW PORT RICHEY - John Ditullio was back in court Monday morning -- back in an orange jump suit and his tattoos once again uncovered -- just days after sitting before a hung jury and a judge declaring a mistrial.

The same judge set a new trial date for March 22.

Ditullio is accused of killing 17-year-old Kris King and stabbing Patricia Wells in her home three years ago.

On Friday, Wells told FOX 13, "There's no doubt in my mind that he was the person that did it."

Ditullio was living next to Wells home at the time of the murder, in what has been described as an American Nazi gathering spot. Over the last week, prosecutors argued that he attacked Wells because she was dating a black man and that he killed King because he thought he was gay.

However, the defense argued their client was drugged, set up, and that another member of the Nazi group committed the crime.

Ditullio took the stand during his trial and insisted, "I'm not the person who stabbed those people on that day."

However, by a vote of 10-2 in favor of acquittal, the jury could not reach an agreement. So it will all be done over again in front of a new jury.

"He's disappointed that it wasn't a 'not guilty' verdict but at the same time he's happy that 10 out of the 12 recognized that there was reasonable doubt," defense attorney Bjorn Brunvard said of his client.

The defense said there would be additional witnesses in the next trial, but the facts will remain the same.

"The ID issues are not going to change, the description of the perpetrator by the victim does not match my client, and the contaminated DNA is not going to change," Brunvard added.

Prosecutors also plan to do a little more digging as both sides look for the edge and a way to sway the jury one way or the other.
  

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