In People v. Bagley, 338 Ill. App. 3d 978, 981, 789 N.E.2d 860, 273 Ill. Dec. 686 (2003), after the jury was sworn but before the first witness was called, the State located a videotape of defendant's arrest that was believed to be lost. Bagley, 338 Ill. App. 3d at 978-79. Defense counsel informed the court that he would need additional time to prepare if the tape were admitted and asked the court to exclude the tape, noting that viewing it at that time threw "a total wrench in the works" for the defense. Bagley, 338 Ill. App. 3d at 980. The trial court declared a mistrial, stating that production of the tape at that time was an unfair surprise and that because the tape was available and otherwise admissible, exclusion of the tape would have been an overly harsh sanction. Bagley, 338 Ill. App. 3d at 980. On appeal, the court found that the trial court did not abuse its discretion by declaring a mistrial. The court noted that the State did not act in bad faith by failing to previously produce the tape and that excluding the tape would therefore have been a harsh sanction that would not have furthered the truth-seeking process. Bagley, 338 Ill. App. 3d at 982. Referencing defense counsel's statements to the trial court after the tape was produced, the court also concluded that the tape would have significantly affected defense counsel's strategy and time to prepare for trial and that a short continuance would therefore not have protected defendant from surprise or prejudice. Bagley, 338 Ill. App. 3d at 982-83. The court ultimately concluded that the trial court's decision to declare a mistrial struck a proper balance between defendant's right to have his trial completed by a particular tribunal and the public's interest in fair trials designed to end in just judgments. Bagley, 338 Ill. App. 3d at 983.