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New Evidence Could Mean Mistrial In Disney Attack Case

Posted: 5:08 pm EDT April 10, 2008Updated: 5:51 pm EDT April 10, 2008

There was a surprise twist Thursday in the trial of an Alabama grandmother charged with attacking another woman on a ride at Disney World. New evidence in the case could mean a mistrial.

Victoria Walker says she didn't start the fight that day at the Magic Kingdom's Mad Tea Party ride. She insists the alleged victim, Aimee Krause, was the real troublemaker. Now the defense has witnesses in Krause's hometown of Clermont who say she has a history of violence. It has thrown the trial into a tailspin.

Walker, 51, says she was helping some children from her Alabama church board Disney's Mad Tea Party ride.

"I was getting in a tea cup and I felt a kick on my right leg and it was Miss Krause. I grabbed her hair like that and I kicked her back," Walker testified Thursday.

On May 27 of last year, the two women got into an argument while waiting in line at the ride. Prosecutors say Walker got angry when Krause's kids cut to the front. Moments later, Walker says Krause gave her an elbow.

Krause claims she was kicked, punched and choked and several witnesses who were there that day testified they saw it all. But the defense says that's not the whole story.

Walker's lawyer, David Allen, said Thursday he has received several phone calls from people who know Krause and they say she is no victim, but has a reputation of violence in the community. Despite objections from prosecutors, Judge Jose Rodriguez might allow the evidence.

"We need to find out what it is. It may be nothing. And if it's nothing, we haven't finished a trial. We haven't said something to a jury that we're going to have to do over again," the judge said.

If the witnesses with information about Krause are allowed to testify, the judge may declare a mistrial, because prosecutors would have to be allowed to bring character witnesses against them and against defendant Victoria Walker.

Friday, it is expected that either the trial will go on without the witnesses or a mistrial will be declared and they'll have to pick a new jury.

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