CHICAGO (CelebrityAccess MediaWire) — A state Appellate court has ruled that the two owners of the E2 nightclub in Chicago must stand for a new trial, the Chicago Tribune reported. The two men, Dwain Kyles and his business partner Calvin Hollins Jr. are being prosecuted in connection with a February 6, 2003 stampede that allegedly caused by a security staffer spraying pepper spray. 21 people were killed during the stampede and 50 more were injured. A housing court had previously ordered the club closed before the incident. The club was reportedly at 5 times its listed capacity at the time of the stampede.
Defense lawyers accused the prosecution of intentionally triggering a mistrial with inappropriate due to concerns that the jury, which is largely African-American, as are the defendants. They further asserted that a second trial would constitute double jeopardy.
The Illinois Appellate dissented however, writing "The record here does not support the assertion that the comments of the City attorney were made with the intention of securing a mistrial,"
The defendants may be subject to imprisonment if they are found guilty. – CelebrityAccess Staff Writers