CLEVELAND, TN (WRCB) -- Judge Kerry Blackwood gives the state another chance to prosecute Michael Younger in the Valentines Day Murder case.

Friday, defense lawyers fought to have Younger's case be declared a mistrial with prejudice, meaning his death penalty case and any further murder charges would be dropped.

Attorney John Cavott said during the case, "The State of Tennessee is acting at all costs to gain advantage of this motion or has acted recklessly without regard to proper and orderly justice in this manner."

Assistant District Attorney Paul Rush said, "When a drug dealer from Cleveland shows up at a drug dealer from Sweetwater's party and a fight breaks out, there might be a motive. There might be a motive for retribution or a killing."

It was an emotional site for the sister of one of the victims, Cayci Higgins. Dawn Rogers and OJ Blair were also shot execution style in that apartment, more than a decade ago.

Kimberly Williams says being at the trial is one step closer to closure, but also two steps back.

Williams said, "Every time you come to court and go through all this it just brings it back up. It is like going to the funeral home all over again."

For the State, the slip of tongue incident during younger's death penalty trial, almost cost them another chance.

The state's witness's were pegged as drug dealers by the defense, that's when assistant district attorney Paul Rush used his witness to accuse younger of the same thing.

Something not discussed in the judges chambers and grounds for a mistrial.

He said he would take that statement back if he could.

"I did what I thought was right at the time. I did what I thought was right at the time."