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Posted on Sun, Jul 11, 2010 : 2:47 p.m.

Second trial to begin for Saline man accused of repeatedly stabbing an acquaintance

By Art Aisner

A second trial for a Saline man accused of nearly stabbing an acquaintance to death in 2008 is scheduled to begin Monday in Washtenaw County Circuit Court.

Timothy Becktel was convicted of attempted murder in 2008 for stabbing Stephen Kozmiuk with a knife more than a dozen times during a fight outside an apartment in the 100 block of North Ann Arbor Street.

Timothy-Becktel.jpg

Timothy Becktel

Counts of felonious assault and assault with intent to commit great bodily harm were dismissed. Becktel, 36, was sentenced to between 15 and 40 years in prison.

But Becktel’s appellate attorney, James Hall, argued the verdict should be tossed out because Circuit Judge David Swartz didn’t administer the jury oath as required by law. The state Court of Appeals agreed.

Testimony during Becktel's day-long trial showed the two men were drinking together when an argument escalated into a fight. They continued their confrontation outside, where police found Kozmiuk, then 25, lying unconscious in a large pool of blood.

Becktel called police and said he killed Kozmiuk, records show. Kozmiuk survived and remains in Saline, but still suffers effects from the injuries, Saline Police Detective Don Lupi said.

Prosecutors are expected to call at least six witnesses, including investigators and medical personnel who treated Kozmiuk, records show.

Becktel, who told police he couldn’t remember much of the incident, is also expected to testify, officials said.

Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.

Comments

Michigan Reader

Mon, Jul 12, 2010 : 6:06 p.m.

@Tru2Blu76--Regarding your comment that, "Most legislators have law backgrounds..."--the jury oath is required by the Michigan Court Rules, which are formulated by Michigan's Supreme Court. The judicial branch, not the legislative branch.

Huron74

Mon, Jul 12, 2010 : 8:45 a.m.

No doubt about it the judge's error screwed this up. And now the taxpayers get to pay to prosecute & defend this oaf all over again. And the victim gets to go through the trauma of a public trial all over again too. Thanks judge!