(CNN) — An appeals court has declined to alter an earlier ruling that found no evidence it is grounds for mistrial in a Philadelphia suburban teen’s deadly police shooting trial.
Judge Thomas Gehret this week granted a request for a hearing about whether there’s new evidence in the case of Jacobus Jones, who police say shot and killed his mother, Felicia Faulkner.
Gehret said the defense has not provided him any evidence to change his previous ruling, nor do they have a chance to present new evidence to the court within the 40-day deadline.
Gehret wrote in his ruling this week that defense attorneys, who had asked for a mistrial in the case because of footage which seemed to support their argument that the shots could have been self-defense, presented no evidence to prove that.
“The only reason to believe that the defense has filed, or will file, amicus briefs or other meaningful efforts to modify this ruling is that they are still claiming bias against them in the courtroom,” Gehret wrote in his ruling.
Defense attorney Fortunato Perri on Wednesday said he couldn’t comment on the case, citing a gag order.
“I don’t comment on pending and/or closed criminal cases,” Perri said.
Arraignment is Friday
Jones, now 19, faces a third-degree murder charge in the November 2013 killing of his mother.
“It’s not a mistrial. The lawyers are entitled to have their day in court,” Judge Thomas Gehret said Tuesday. “The parties will now address this issue and go forward with the arraignment Friday.”
A trial is scheduled for April 23.
Defense attorneys, who have said the prosecution’s case is undermined by the video, claim that Jones had been ambushed by three men, one with a handgun, when he fatally shot his mother in an effort to protect himself.
Prosecutors, however, have asserted that police still have other evidence that the shooting could have been self-defense.
Protests during trial
The Jones family took to the streets with dozens of supporters, chanting: “Justice for Felicia Jones” for nearly 10 hours during the trial, CNN affiliate WPVI reported.
Another woman was killed by a police officer during a police shooting in Baltimore last year, sparking protests and some violent clashes with law enforcement.