The trial of Cameron Rogers, accused of killing his parents, has ended in a mistrial.

Justice Kevin Phillips dismissed the 12 member jury Monday morning.

The six-week trial was scheduled to end next week that was before Rogers’ lawyer, Joseph Addelman, announced he planned to introduce new evidence in the case. The Crown would need more time to examine the evidence, delays that would force the trial to be extended into the New Year.

Justice Phillips surveyed the 12-member jury to see if they could accommodate the delay, and three of the jurors said they would not be able to commit to new trial dates in the New Year. A jury-trial cannot continue with fewer than 10-jurors, forcing the judge to dismiss the jury, resulting in a mistrial.

The only way to save the trial would be if both sides agreed to continue under the unusual circumstances of a “judge alone trial”. It means the case would be tried by only Justice Phillips and no jury. The Crown is expected to reject the idea, but has reserved a decision until Wednesday at 10am.

Rogers is charged with two counts of first degree murder in the November 2016 killings of his parents at the family’s west-Ottawa home. Dave Rogers was a well-known retired Ottawa Citizen reporter. Cameron was the couple’s adopted son.

Rogers admitted to manslaughter, a plea the crown rejected, instead forcing the son to stand trial on two counts of first degree murder.

If a new trial, with a new jury, is ordered it will likely take place in the late fall of 2019.