Wednesday, April 16 2014 10:54 PM EDT2014-04-17 02:54:16 GMT
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LOUISVILLE, Ky. (WDRB) -- The man who agreed to testify against his former roommate and sex partner, then reneged on that agreement, asked a judge Thursday to allow him to testify under the terms of his original deal.
Circuit judge Mitch Perry initially denied Joseph Banis's request to testify in the Jeffrey Mundt murder trial, after Banis had flip-flopped on the issue earlier this week. However, late Thursday, Perry ruled Banis could testify.
Mundt's attorneys were livid at the decision and claimed "prosecutorial misconduct" after it was revealed a prosecutor met with Banis this week without informing the defense.
Mundt is facing a murder charge in the death of James Carroll in December 2009. Carroll was killed after he had sex with Mundt and Mundt's roommate and lover Joseph Banis. The body was buried in the basement of the couple's Old Louisville home.
Banis was convicted of murder in this case in March, and is expected to be the star witness. He agreed to testify against Mundt in exchange for prosecutors dropping the death penalty.