A three-week trial has been scheduled for September and October to relitigate a 2023 mass shooting in Annapolis, according to the Maryland Judiciary.

After 11 days of arguments and testimony, a judge declared a mistrial Feb. 26 in the case against Charles Robert Smith, citing “transgressions” by Anne Arundel County State’s Attorney Anne Colt Leitess, including inappropriate and prejudicial questions.

Leitess, the county’s only elected prosecutor, argued she was acting “in good faith” with certain questions, trying to counter statements Smith made on the stand, and that the defendant’s combative testimony was the real reason his attorneys sought a mistrial.

However, Anne Arundel Circuit Judge J. Michael Wachs said the “cumulative effect” of inquiries she made to Smith and other witnesses made the trial “unfair.”

One of the clinching “doozies,” as Wachs called the problem questions, involved Leitess asking Smith why his mother was not testifying. She alluded to jail calls concerning Shirley Smith’s health and suggested an Alzheimer’s diagnosis would disqualify her as a witness, preventing her from contradicting her son’s account of the shooting — specifically, whether any of the victims had weapons.

Charles Smith testified that the three men he killed, Mario Mireles, his father Nicolas Mireles, and friend Christian Segovia, were armed on June 11, 2023.

But Shirley Smith was a state’s witness, meaning it was up to prosecutors to subpoena her, and Wachs criticized the line of questioning before telling the jury not to consider it.

After the mistrial, Leitess called the case “thorough, professional and hard-fought” on both sides. Her office declined a request for comment Monday.

Public defenders Denis O’Connell, Anne Stewart-Hill and Felipe Gonzalez also declined to comment Monday. O’Connell will assume the role of lead attorney following Stewart-Hill’s retirement later this year.

Jury selection is scheduled to begin Sept. 24, and the trial is expected to end by Oct. 17, according to the Maryland Judiciary, though the initial trial pushed past its expected end date.

The prosecution’s case against Smith was extensive, involving more than 120 exhibits and testimony from nearly 50 witnesses. The state’s theory was that Smith’s hatred for his Hispanic neighbors boiled over during a parking dispute outside his house, resulting in Annapolis’ bloodiest shooting in nearly five years.

In addition to the three people killed, three others were injured. All of them had been attending a birthday party down the street.

Smith, who lived on the 1000 block of Paddington Place with his mother, is charged with three counts of first-degree murder, seven counts of attempted murder and three hate crimes.

Smith’s attorneys called more than a dozen witnesses, including the defendant, in an attempt to prove their client acted in self-defense and that the crime scene was compromised so that investigators were unable to find evidence of other shooters.

Though law enforcement never confirmed there were other gunmen on Paddington Place, in her opening statement, Leitess said Luis Mireles, Mario Mireles’ brother and Nicolas Mireles’ son, had fired a gun to try and stop Smith.

Bullet holes could be seen in the Smith home days after the shooting.

Wachs, who retired last year but was specially assigned to the case, will preside over the retrial, court records show.