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Local News in Brief : Mistrial Decision Put Off in Air Crash Case

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A federal judge Thursday delayed for a week a decision on whether to declare a mistrial in the civil case to establish fault for the 1986 midair collision between a private plane and an Aeromexico DC-9 over Cerritos in which 82 people were killed.

U.S. District Judge David V. Kenyon said he wants to hear more arguments before he rules Nov. 10 on a U.S. government motion over an opening argument that suggested that the pilot of the private plane strayed into the jetliner’s path because he suffered a heart attack.

Justice Department lawyer Steven J. Riegel argued that there is no evidence to support the assertion made by Franklin J. Brummett, an attorney representing the children of the pilot, William K. Kramer, 53. Kenyon said he wanted to give Brummett and other plaintiff lawyers a chance to present evidence to support the assertion, which has been largely dismissed by medical experts.

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“It’s called ‘Put up’ or don’t present it,” the judge said.

The jury was instructed to return to the Los Angeles court Nov. 14, at which time it could be dismissed in the event of a mistrial.

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