State v. Gaitor

The State appeals the trial court’s dismissal of the case against Gaitor.

The defendant was arrested on June 14, 1978; the speedy trial time was due to expire on Monday, December 11, 1978. On Friday, December 8, the prosecutor informed the judge that time was about to run out. The judge suspended the trial which was in progress, and began jury selection for the Gaitor trial. After a while, it became apparent that there were only five persons remaining in the jury yenire; the defendant refused to be tried by a five-man jury. The trial court then, being aware that a three-week trial had been…