DICKINSON, N.D. (AP) -- A judge in Dickinson has declared a mistrial in a case involving two men accused of possessing 50 pounds of marijuana.

Stark County prosecutor Tom Henning tells The Dickinson Press that defense attorneys weren't made aware of a new witness until the day of the trial. A new trial will be scheduled for Arturas Teras and Donatas Jasiulionis (duh- NAWT'-uhs JAZ'-ee-oo-lee-AWN'-uhs).

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The Lithuanian men were arrested in November 2009. Authorities allege they were en route from Washington to Chicago with the drugs when they were stopped for speeding in southwest North Dakota.

Judge William Herauf has denied a request by defense attorneys to suppress evidence in the case. He also has refused to accept a plea agreement that would have kept the men out of jail and on probation.