QuickTake:

A midtrial disclosure of evidence by prosecutors prompted Judge Curtis Conover to declare a mistrial. But he denied a request for dismissal of criminal charges against Kenneth John Alvord, who is charged with murder and manslaughter in the shooting death of Justin Garrett Huser.

A judge declared a mistrial Friday, July 10, in the murder trial of Kenneth John Alvord after a midtrial disclosure to defense attorneys of a Eugene police detective’s forensic notes.

Alvord, 37, has been charged in the March 8, 2025, shooting death of 35-year-old Justin Garrett Huser, described by attorneys in the trial’s opening arguments Wednesday as Alvord’s “best friend.”

A defense attorney for Alvord told jurors Wednesday the shooting took place in self-defense.

The late disclosure of notes about blood drippings and stains as well as crime scene measurements “affected or created the possibility of affecting the ability to prepare a defense in this case,” Lane County Circuit Judge Curtis Conover said in granting a mistrial.

Defense attorneys John Kolego and Willow Hillman earlier told Conover they received an email at 9:17 a.m. Friday from Deputy District Attorney Zori Cook with the pages of notes. 

Cook told Conover she did not know any such notes existed until receiving an email Thursday night from the Eugene police detective who had begun testimony earlier that day.

Cook acknowledged Friday that the late disclosure contained information relevant to Alvord’s defense.

“I did not sleep last night,” Cook told Conover. “I came in and immediately tried to solve this problem and provided information to the defense.”

Hillman requested that Conover dismiss all charges, citing a law that prohibits prosecutors from withholding information that would show a person’s innocence.

“Some of it, I believe, is exculpatory,” Hillman said of the document, referring to what the notes said about blood at the scene.

“Droplets on the ground and blood stains, circular and elliptical blood statins, negate the state’s theory of the case that Mr. Huser was shot while he was on the ground,” Hillman told Conover.

Hillman said defense attorneys believe “there was a struggle going on” between Alvord and Huser, with the first shots fired while “struggling over the firearm.”

Hillman also said that, under the law, evidence held by police is considered to be held by prosecutors, meaning that it wouldn’t matter whether prosecutors actually had possession of the notes.

But Conover denied the motion to dismiss the charges.

“Given everything I’ve heard, the disclosure at this point in time certainly was not intentional by Ms. Cook,” Conover said, finding that Cook “did not have any knowledge” of the existence of the document.

“I do not find dismissal is an appropriate remedy in this particular instance. I will grant the motion for mistrial,” Conover said, making his ruling after a lengthy pause of some two minutes as he read over a document.

New evidence

Cook, in opening arguments Wednesday, told jurors that as Huser “lay dying … the bullets just kept coming. Over and over and over and over.”

On Friday, Cook disputed the idea that the detective’s notes weakened the state’s case. There’s “nothing I saw in here that changes the state’s case whatsoever,” Cook told Conover.

Cook told Conover the notes were not provided to her office because the police department’s Forensic Evidence Unit considers them to be a “work product.” 

The notes document — at times described Friday as “field notes” — was available upon request to both defense attorneys as well as prosecutors, Cook said, but “they have to specially request it, or we have to specially request it.”

Cook also said that some materials previously disclosed to defense attorneys referred to “additional” measurements that “can be provided upon request.”

Both Cook and her supervisor, JoAnn Miller, leader of the Lane County District Attorney’s Office Major Crimes Team, “did not know these types of records existed,” Cook said Friday.

Cook said she thought the special requirement had something to do with accreditation for the police department’s Forensic Evidence Unit, known as the FEU.

“We are intending to reach out to EPD and FEU to understand what happened, and we’re also taking steps on our end … to make sure this does not happen again in any case moving forward,” Cook said.

Hillman said she and Kolego had reached out to blood and also firearms experts ahead of the trial, but based on information they had at the time did not have them ready as witnesses.

Conover called a midday recess, telling Hillman and Kolego to reach out to the experts to share with them the new notes. Kolego told Conover that with Alvord still in custody, he would seek a new trial quickly.

Hillman said a firearms expert — who would review newly disclosed bullet trajectory information in the notes — did not have time to look at the notes, but blood and forensics experts “absolutely believe this information would be pertinent to their opinions,” Hillman said.

Conover also asked Hillman and Kolego to find out about their experts’ schedule and availability to testify. Conover asked for the attorneys to provide him with potential new dates for a trial.

Kolego last year had filed in court a request “for any scientific reports and notes,” Hillman told the court.

After Conover’s ruling, Kolego told Lookout Eugene-Springfield, “We were ready for a trial, and we’re disappointed that the state didn’t get its discovery obligations in order to provide Mr. Alvord with the trial he’s entitled to.”

Cook declined to comment, citing the ongoing case.