Judge Declares Mistrial for Man Accused of Shaking Baby to Death

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Gary Lee Wilbourn (Photo: Morgan County Jail)

DECATUR, Ala. (WHNT) – A Morgan County judge declared a mistrial Friday for a man accused of shaking his infant daughter to death in 2008.

The judge declared the mistrial during jury selection in Gary Lee Wilbourn’s trial.  Testimony had not started yet.

Lawyers were having trouble scheduling witnesses, especially expert witnesses, for testimony.

Wilbourn is charged with capital murder and has been in the Morgan County Jail since his arrest.

His trial has been rescheduled for April 21.