Judge John Blawie has granted the defense’s motion for a mistrial in the 1986 Norwalk murder of Kathy Flynn, 11, as she walked home from school.

Blawie made a point to say this is not grounds for dismissing the case against Marc Karun.

“I don’t want to do this, but on the other hand, I don’t feel like I have a choice,” Blawie says.

Today was day 5 of the trial. At issue was an email the prosecution received last week suggesting evidence contamination.

The email from a retired lieutenant, who headed the detective bureau at the time, said a week after Kathy’s death, he received a call from the head of the state crime lab that Kathy’s body had been placed in a used body bag and he was concerned about evidence contamination.

The head of the lab then was famed forensic examiner Dr. Henry Lee, who died late last month.

Per the prosecutor, there’s no report in the police file or medical examiner’s report.

Karun’s lead attorney Frank O’Reilly says this shows the investigation was mishandled and calls into question potential police misconduct.

"We're obviously disappointed by this turn of events, especially for the family members of Kathy Flynn, who have waited forty years for justice and some degree of closure. When the State learned of Mr. Fabrizzio's allegation last Thursday, we immediately notified the Court and defense counsel, fulfilling our legal and ethical obligations even though it contributed to the mistrial. We respect the Court's decision and will now work with the state laboratory and the Office of the Chief Medical Examiner to assess the validity of the allegation. We remain committed to a fair process and to upholding the integrity of the justice system as we review the case and determine next steps.," said Stamford State's Attorney Paul Ferencek.