A case against an American Fork man has been dismissed because the prosecution's key witness fled.
Prosecutor Jim Taylor said the case against Larry Roberts, 33, American Fork, had to be dismissed because the trial had begun and Roberts could not be tried again without violating the prohibition of double jeopardy.The jury had just been selected in the trial on drug charges last Wednesday when Taylor discovered his key witness had left the courthouse and could not be found.
Taylor said the jury had to be dismissed and consequently the case had to be dismissed.
The witness, Kim Migliaacci, was an informant who worked with police in a controlled buy that resulted in Roberts' arrest. Police officers escorted Migliaacci to the trial Wednesday, but he left the building before testimony could begin.
Fourth District Judge Robert Bullock had ordered Migliaacci arrested for contempt of court, but Migliaacci went to court on his own Monday, Taylor said.
Migliaacci, under oath, said his life has been threatened by a man at the trial. Migliaacci said he did not know the man's name but said he had assaulted him before. He said the man had turned to him in the courtroom Wednesday and said, "You're a dead man."
Migliaacci said that was when he fled.
Bullock took the contempt matter under advisement.
Taylor said investigators were looking into possible witness tampering charges.