CLEVELAND — Three people, who are facing charges in connection with the death of 22-year-old Alishah Pointer, were back in court Monday and Tuesday for a hearing amid a "motion to dismiss on double jeopardy grounds."
It comes after a mistrial had previously been declared on March 13 for defendants Anthony Bryant, Brittany Smith and Hakeem-Ali Shomo shortly after jury selection started. All three have been charged with aggravated murder, murder, felonious assault and kidnapping.
3News received the following statement from the court after the mistrial was announced under Judge John Russo:
"Prior to the trial resuming this morning, there was a motion for mistrial. Court staff had sent a procedural communication to the parties, which was inadvertently sent only to the prosecutors. Because this could be considered ex-parte communication, out of an abundance of caution, the Court granted the mistrial and the Judge recused himself from the case."
Three others arrested in the case — Destiny Henderson, Portria Williams and Nathaniel Poke Jr. — previously pleaded guilty and are all awaiting sentencing.
According to the prosecutor's office, it is believed that Pointer was forced to get in a car at gunpoint on Nov. 4, 2021, taken to a residence, then held for a day before being taken to an abandoned house in East Cleveland, then shot and killed. Authorities found her body days later on Nov. 9.
A decision is expected some time this week.
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