MONTAGUE CO (KFDX/KJTL) — After one week of testimony the second attempt to try a Dean man for the death of his fiancé’s toddler has ended in another mistrial.

97th District Attorney Casey Hall announced Monday, that a mistrial had been declared, just as the state was expected to finish presenting its witnesses in Joshua Fulbright’s murder trial in Montague.

Hall said a personal issue came up with Fulbright’s defense attorney, Mark Barber, that led to the judge declaring a mistrial.

She said her office is working to ensure the case is promptly reset for a third trial, to ensure justice for the victim, two-year-old Scarlette Olivia Newsom who died after being taken off life support after suffering head injuries.

The first trial in 2019 also ended in a mistrial before testimony even began, when attorneys were unable to seat a jury from an 80-person panel in Clay County.

The second trial was moved to Montague County.

The mother of the girl, Sarah Newsom is charged with injury to a child and testified for parts of three days last week.

Fulbright is out on bond and is required to wear an ankle monitor.