Defense attorneys for Myron Britt made an oral argument on Tuesday for the mistrial. A former assistant medical examiner was testifying about Britt's fatal bullet wound when an alternate juror asked for a recess. The juror then fainted in the jury room.
The doctor went to help the juror. The defense did not want him to enter the jury room because he was still on the witness stand. The woman was helped by EMS personnel.
Britt's attorney asked for a mistrial because the perception of the jury may be that the defense did not allow aid.
Superior Court Judge Jim Ammons is expected to rule on the request Wednesday.
Britt is accused of killing his wife, Nancy Britt, a popular Wake County high-school teacher, at her childhood home in Lumberton. Prosecutors argue that Myron Britt shot her in 2003 to get more than $800,000 in life insurance.
If convicted, Britt could face the death penalty.
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