A mistrial has been declared in Limestone County after the attorney for a man accused of aggravated child abuse fell ill, Limestone County District Attorney Brian Jones said Tuesday.

Jury selection for the trial of Robert Elwin Elliott III, 25, was held Monday in Limestone County Circuit Court in Athens. Opening statements were due to begin Tuesday, but Jones said Elliott’s attorney, Lucas Beaty, caught a stomach virus and was unable to continue in the trial.

“He’s really sick,” Jones said. “I would bet cash money he’s going to be in bed until at least Thursday or Friday.”

Because the jury had already been selected, Limestone County Circuit Judge Chadwick Wise declared a mistrial in the case. Jones said while capital murder cases usually involve two defense attorneys, cases such as Elliott’s usually have one attorney, leaving it unfair to a defendant to have someone unfamiliar with the case step in.

“The other person hasn’t prepared, hasn’t met with the defendant, so that’d be automatic grounds for appeal,” Jones said.

The district attorney also said the case couldn’t be postponed until the defense attorney recovered because a lot of the experts involved need a “specific, defined time” for their court appearance.

The trial has been tentatively rescheduled for Nov. 26, but Jones said that date is dependent on other cases on the same docket and could change again.

About the case

Records show on May 31, 2014, Elliott and Maria Roman brought their unresponsive 7-week-old daughter to Athens-Limestone Hospital. The infant was severely injured and was transported via MedFlight to the Women’s and Children’s Hospital in Huntsville.

Investigators with the Limestone County Sheriff’s Office spoke to medical staff and were advised the infant “had broken ribs in the process of healing, brain hemorrhage, and signs of trauma,” according to an officer narrative.

“(A staff member) stated infant was diagnosed with rib fractures on ribs 4, 5 and 7, on both left and right sides,” a report reads. “She stated the infant also had cerebral bleeding on the brain. She stated there was bruising on the chest of the child and above its right eye.”

When questioned, Elliott said he had dropped the infant, the narrative said. A Limestone County grand jury later indicted him on two counts of aggravated child abuse, one count of first-degree assault and one count of reckless endangerment of a child.