Berkeley County, S.C. – A mistrial was declared Tuesday in the re-trial of a former Summerville jeweler, Michael Colucci, who is accused of killing his wife, Sara Lynn Moore-Colucci, in 2015. The decision came after Colucci’s defense team argued that the state had withheld evidence for nearly a decade, including memos suggesting that Sara Moore-Colucci had spoken about taking her own life.
Arguments for the Mistrial
The defense team filed a motion during the trial, asking the judge to dismiss the case, claiming that the state withheld critical evidence, including memos that indicated Sara Moore-Colucci had discussed suicide prior to her death. According to the defense, these documents were only provided to them days before the re-trial began.
The defense argued that with this new information, the state had failed to present sufficient evidence to prove that Colucci was responsible for his wife’s death. The defense contended that Sara Moore-Colucci’s death could have been a suicide, as Colucci originally claimed.
Judge’s Ruling
After reviewing the case, Judge Roger Young agreed with the defense’s arguments. He ruled that no reasonable jury could find Colucci guilty beyond a reasonable doubt based on the evidence presented in court.
Judge Young declared the mistrial just before 2 p.m., stating that the state had failed to provide the necessary information to the court, which impacted the fairness of the trial. “To simply allow this trial to go forward with so many witnesses, such as pathologists, having been denied the opportunity to have this critical knowledge available to them when that material was fresh amounts to a foul with harm,” he explained.
Next Steps in the Case
As part of his ruling, Judge Young quashed the indictment without prejudice, meaning the charges against Colucci were dismissed, but could be re-filed later. He also urged the Attorney General’s office to present a fuller case to a grand jury before any future trial.
“This court recognizes this is an unusual remedy. However, this is an unusual case,” Judge Young said. He emphasized that the case needed a “fresh restart” to ensure that the citizens of South Carolina had full confidence in the eventual verdict.
Because of the dismissal, Colucci is no longer subject to electronic monitoring, and there is no bond. If the state decides to re-indict him, the issue of bond will be addressed at that time.
Background of the Case
Colucci was arrested and charged with the death of his wife, Sara Lynn Moore-Colucci, in May 2015. Berkeley County deputies discovered her body outside the couple’s North Main Street business. Colucci initially claimed that Sara Moore-Colucci had died by suicide, saying that she had hung herself with a garden hose after exiting their vehicle.
However, affidavits and medical evidence contradicted Colucci’s version of events, suggesting that there had been a struggle before her death. Investigators from the South Carolina Law Enforcement Division (SLED) became involved in the case in May 2016, after Sheriff Duane Lewis requested further investigation, leading to Colucci’s arrest.
In December 2018, a mistrial was declared after a jury could not reach a unanimous decision regarding Colucci’s guilt. The jury deliberated for more than seven hours across two days before acknowledging that they could not come to a conclusion.
