Feb. 23, 2026
Hot mic remarks prompt mistrial in dental malpractice trial
After a judge's "hot mic" comment using the words "kill this case" was broadcast during a dental malpractice trial, he declared a mistrial, citing potential appearance of bias and fairness concerns.
After 12 days of trial in a dental malpractice case, a Los Angeles County judge declared a mistrial after concluding that his remarks - including that he was "going to kill this case" - were inadvertently broadcast over the court's remote audio system and could create an appearance of bias.
According to a transcript of a Feb. 11 hearing in Santa Monica, Superior Court Judge Mark H. Epstein addressed the comments to the parties: "The test is not what was in my br...
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