David Martin Davies

Defense attorneys for Adrian Gonzalez asked for a mistrial after a Robb Elementary School teacher testified on Tuesday that she saw a man matching the description of the mass shooter near the area where Gonzalez was.

One issue was her testimony contradicted her interview with the Texas Ranger's

and her new testimony should have been provided to the defense under the prosecution's discovery.

Judge Sid Harrell said this was negligence and not deliberate and wasn't sufficient to call for a new trial with the new jury.

Testimony is expected to continue on Thursday.

Gonzalez is accused of child neglect by not confronting the gunman who killed 19 children and two teachers in 2022.

I'm David Martin Davies in San Antonio.