12-1-05 - A big turn of events in Marietta Wednesday morning. The district attorney's office knew if they couldn't find their main witness, Tina Mosely, by Wednesday morning, then the case could get dismissed.
So when they still couldn't find her, they were ready with a new plan. As soon as the judge said the words, District Attorney Mitch Sperry was ready as he refiled the two counts of first degree murder charges against Maurice Miller, 27.
Within 10 minutes, Miller was re-initiate and other preliminary hearing date was set. The DA says this time around, their case will focus more on the evidence than on witness testimony, and folks out in the community are breathing a sigh of relief.
"It crossed our minds last night if they dismiss the case it would be like starting all over again worrying all over again," Marietta resident Deborah Callen said. "It would be nice to put it to rest and become a peaceful community again."
The DA's office isn't giving up on finding Tina Mosely. There is still a warrant out for her arrest, but Sperry says with this new direction they still feel they can get a conviction even if she doesn't turn up.
Miller will appear in court again for a two day preliminary hearing on December 19th, and right now he is serving a sentence for a different first degree murder conviction in Oklahoma County.