Defense attorney Frank Schivanone IV said after, “We are proceeding to trial.”
MORE: Mistrial declared after dad in scalding case gets sick in court
In March, a second mistrial was declared on the second day of trial when Ritchie became ill during the testimony of a doctor who performed his son’s autopsy.
About five autopsy photos of Austin Cooper were shown to the jury on the large screen when the defense suddenly requested a break.
Richie then began to vomit and was taken from the courtroom where his condition worsened and he was taken away in an ambulance.
MORE: What Robert Ritchie said while taking the stand in his defense
After meeting with Judge Robert Peeler in chambers, defense attorneys and Assistant Warren County Prosecutor Steven Knippen both requested a mistrial.
Richie is charged with felony child endangering and involuntary manslaughter for allegedly not checking on his son for 15 hours after learning the child had been burned severely by his wife, Anna Ritchie.
Anna Ritchie is serving a sentence of 18 years to life in prison after pleading guilty to murder for the boy’s death on March 15.
In December 2016, a mistrial was declared in Ritchie’s first trial after a jury could not reach a verdict.
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