HERNANDO, Miss. -- The judge in the Greg Davis embezzlement trial denied a motion for a mistrial made this morning.
The court was in recess for about 45 minutes after attorney Steve Farese moved for the mistrial.
In court, Farese said paperwork was not provided to his client before the trial began yesterday.
During testimony this morning, Farese said he did not have the full copy of a vehicle leased to his client.
Judge Bobby Chamberlain ruled neither side in the Davis case had copies of the paperwork until it was introduced during testimony.
Chamberlain said the evidence would definitely benefit the state, but the state's team did not try to introduce it into the trial.
The jury has been told the District Attorney failed to give Davis a complete copy of the lease, but not to consider that during deliberations.
The jury was not present at the time the mistrial motion was made.
The 2007 Ford Expedition was leased by the city of Southaven and then bought by Greg Davis who was mayor at that time.
The former Southaven mayor faces two embezzlement charges over using a city issued vehicle and at the same time getting reimbursed thousands of dollars for mileage.
In May, Davis was ordered to repay $73,915.27 to the state for expenses for which he was reimbursed when he was mayor.
Davis has already paid back $96,000 of the $170,000 he was originally ordered to pay.
Some of those expenses included expensive meals, trips, and even purchases at an adult book store in Canada.
Davis had appealed the original order but the court found, ‘all counterclaims proposed by Davis are without merit and area summarily dismissed.”
“This investigation began more than three years ago, and we have remained committed to protecting the taxpayers of Southaven during this time,” Mississippi Auditor Stacey Pickering said. “Prosecuting public corruption is not easy, but elected officials must be held accountable for their actions and I am pleased with today’s ruling.”