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Mistrial after defendant smears feces on lawyer

He was upset judge did not remove public defender from his case

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updated 10:35 a.m. ET Jan. 28, 2009

SAN DIEGO - A San Diego judge has declared a mistrial in a kidnapping and assault case after the defendant smeared excrement on his lawyer's face and threw it at jurors.

The judge boosted defendant Weusi McGowan's bail from $250,000 to $1 million after the Monday incident.

Prosecutor Christopher Lawson says McGowan was upset because the judge refused to remove public defender Jeffrey Martin from the case.

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McGowan had smuggled a bag of feces into court and spread it on Martin's hair and face before flinging the excrement at jurors. No jurors were hit.

McGowan has pleaded not guilty to kidnapping for robbery, assault with a deadly weapon and other counts in connection with a 2007 home invasion.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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