A judge denied a mistrial in the case of a woman charged with killing missing South Florida foster child Rilya Wilson.
Attorneys for 66-year-old Geralyn Graham took exception Thursday with a prosecutor's question to a detective asking if police checked out whether "little green men" from space may have abducted 4-year-old Rilya. Circuit Judge Marisa Tinkler Mendez called the question inappropriate but denied the mistrial motion.
Testimony then resumed, and the dog cage that witnesses testified Graham kept Wilson in returned to the courtroom.
"This stuff is not preserved on metal for a lengthy period of time, and with that dog cage sitting outside in the elements, there is nothing that's going to be retrieved from that," said retired Miami-Dade Police Det. Gregory Smith.
Rilya went missing in late 2000, but her disappearance wasn't discovered by the state for over a year. Homicide detectives testified they found no physical evidence at Graham's home and located no witnesses. Rilya's body has never been found.
"If a body is disposed of in a location that Miami-Dade homicide doesn't go to or learns of, good police work doesn't matter, does it?" asked prosecutor Josh Weintraub.
"That's correct," replied Smith.
Defense attorneys argued that Wilson may still be alive.
Well, there was a theory, wasn't there, that Rilya was either sold or given away. That was a working theory at one time, wasn't it?" asked defense attorney Michael Matters.
"Sure," said Smith.
"You never found any evidence that suggested that that couldn't occur, did you?" said Matters.
"No sir," answered Smith.
Lacking evidence jurors can see, prosecutors began presenting what jurors will heard from jailhouse snitches who say Graham confessed to killing Rilya.
"She said that she had been in the same cell block, or same cell, and that Miss Graham was telling her things regarding the disappearance of this child," said retired Miami-Dade Police Det. Ramesh Nyberg.
Graham insists she is innocent.