MISTRIAL IN DANNY MASTERSON TRIAL DECLARED
After the read-back.
And now the jury goes back to deliberations and we go back to waiting
At a little before 3 pm, the jury buzzes, and we are told that the jury has another question.
Defense attorneys arrive, Masterson family. Reporters scrambling to get back in place.
Prosecutors arrive, and they go into sidebar.
Judge Olmedo: A note from the jury, "After thorough discussions we are adamant our independent positions and we are unable to reach unanimous verdicts on each of the three counts. We have voted multiple times on each. We are not even close to coming to unanimous decisions and we are convinced this will not change."
Judge Olmedo says she has talked to attorneys. The court's inclinination is to bring them out to do an inquiry in open court.
Bringing jurors out.
Judge Olmedo to the foreperson: Is there anything the court can do, as to reading instructions to help reach a verdict? No ma'am, the foreperson says.
She asks each if they agree, and they all do.
Asking the foreperson about the voting: About how many votes with this jury. Four votes today. We did four today, three yesterday.
Was the vote split the same on all three counts? No.
Count 1: Split is 2 and 10
Count 2: 4 and 8
Count 3: 5 and 7
Any legal reason why I can't decalre a mistrial, Judge Olmedo asks the attorneys. No, they say.
At this point I do find the jury is deadlocked and a mistrial. She now asks for how the splits run...
Count 1: 2 for guilty, 10 for not guilty
Count 2: 4 for guilty, 8 for not guilty
Count 3: 5 for guilty, 7 for not guilty
She thanks the jury and excuses them.
Judge Olmedo: So, at this point, generally, there is 60 days from today for retrial to begin. I would like to pick a tentative trial date.
The attorneys are talking it over.
Judge Olmedo: It appears both sides are agreeable to Jan 10 for status conference, retrial is set for March 27.
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