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BUFFALO, NY - A mistrial has been declared in the case of an Erie County Assistant District Attorney who says the suspect in a rape case she's prosecuting, attempted to hit her with his car.

The ADA says she was walking at W. Eagle and Delaware Avenue Monday evening, when she saw a vehicle approach her. She noticed it was the defendant, William Payne. The ADA claims he got close enough to her in the car to splash her, and she took that as him trying to intimidate her.

Payne is accused of rape. Jury selection was underway Tuesday morning, but Erie County Court judge Kenneth Case, fearing potential jurors may have heard about the incident, decided to declare a mistrial.

Judge Ken Case revoked Payne's $25,000 bail. The trial has been rescheduled for August.

Payne's attorney, Joseph Argo, questioned why the media found out about this incident before he did.

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