The defense filed a motion Monday to dismiss all charges in the Charles William Curtis Thompson homicide trial.
According to court documents, the defense is alleging the prosecution intended to provoke the mistrial, caused by the prosecution failing to remove portions of a video interview shown to the jury.
Both parties previously agreed portions of the video would not be played.
Johnson County prosecutor Janet Lyness did not immediately return phone calls to The Daily Iowan Wednesday.
The defense also called KGAN News Director Scott Picken, whose news outlets recorded the trial, to testify and bring a copy of all video footage recorded in the courtroom, court documents said.
Thompson was charged in October 2009 in the shooting death of Broadway landlord John Versypt.
His retrial is scheduled to begin Dec. 5.
A hearing on the motion to dismiss has been set for Oct. 20 at the Johnson County Courthouse.
—by Eric Moore