Mistrial declared in case of Colorado man accused of murdering his 13-year-old son when his defense attorneys suffer COVID symptoms

A judge has declared a mistrial due to coronavirus infections in proceedings against a father accused of murdering his 13-year-old son in Colorado eight years ago.

Defense attorneys for Mark Redwine, 55, reported that several of them were experiencing symptoms at the court in La Plata County on Monday.

Judge Jeffrey Wilson – who himself had to be tested last week – said the trial would be rescheduled while noting the grief for Dylan Redwine's family whose 'lives have been on hold since 2012.'

District Attorney Christian Champagne called into question the 'recent behavior' of one Redwine's defence lawyers, saying his colleague had been spotted washing his car with another person outside his house without a mask on over the weekend.

'If one of the defense teams claims symptoms of COVID-19… but is not following quarantine requirements, that certainly undercuts their position,' Champagne said according to the Denver Post.

Mark Redwine is accused of murdering his 13-year-old son, Dylan while the boy was on a court-ordered visit to his father's home near Vallecito Reservoir northeast of Durango

A massive seven month search ensued after Dylan's disappearance (pictured: volunteers in Durango, Colorado)

Mark Redwine makes his first appearance in district court in Durango, Colorado, in August 2017

John Moran replied: 'Respond to what was happening in front of my house? I'm not sure how to respond to whether or not I was wearing a mask in my yard.'

Dylan's family reacted furiously outside the court on Monday, saying that they had rented a house for the trial and that it had taken an enormous mental toll to prepare.

'We're taking time off of work and pretty much left our lives to come down here, and then have this happen and here we are again going home empty-handed. It's just so frustrating,' Dylan's older brother Cory told Denver 7.

'It's just heartbreaking that victims' rights and everything like that get ignored.'

Cory Redwine said he didn't believe the defense team were taking enough precautions to prevent infection from coronavirus and thinks the trial will now be delayed until at least next year.

'It's just another way out for the defense, in my opinion. It seems that they get pretty much what they want,' he told the broadcaster.

Dylan went missing while on a court-ordered visit to his father, Mark, for Thanksgiving in 2012.

The child's remains were found seven months later scattered in southwestern Colorado mountains by wild animals.

Redwine was arrested on a fugitive warrant in Washington in July 2017 and later indicted by a grand jury with charges of second-degree murder and child abuse resulting in death after the five year investigation.

Redwine has constantly denied playing a role in his son's death and at one point appeared on Dr Phil to blame his ex-wife for the child's death.

In the grand jury indictment, investigators said blood was found in multiple locations in Redwine's living room, including his couch.

Dylan's parents made headlines after blaming each other in their son's death and even made appearances on national television shows such as Dr Phil in 2013

Cadaver dogs also found the scent of a dead body in various locations in the home and on the clothes Redwine wore the night Dylan disappeared, the indictment says.

In 2014, a dog picked up the scent of a body in the bed of Redwine's pickup truck, according to the indictment.

Dylan lived north of Colorado Springs with his mother but had gone to his father's home near Vallecito Reservoir northeast of Durango.

His dad said he returned home from doing errands to find his son had gone. The two parents subsequently blamed each other for their son's disappearance.

In June 2013, Dylan's partial remains were found on Middle Mountain.

Hikers found his skull a mile-and-a-half away in November 2015.

Video shows the moment Redwine was arrested on a fugitive warrant while driving his truck through Washington state in July 2017

Investigators said Dylan's skull was found in difficult terrain that was easily accessible by a road that Redwine was very familiar with.

The skull had injuries consistent with blunt force trauma and two small markings that appeared to be tool marks from a knife, the indictment alleged.

Redwine's is one of many jury trials which have been put on hold in Colorado amid a rising number of coronavirus cases, including at courts in Denver, Boulder, Jefferson, Gilpin, Arapahoe, Douglas, Elbert and Lincoln.

In his mistrial order, Judge Wilson wrote: 'The Court, for the reasons stated on the record and without making any findings as to the veracity of the allegations, finds that even if such allegations are true, the Court has no choice but to … declare a mistrial to ensure that Mr. Redwine has effective assistance of counsel.'