Defense attorneys call for mistrial in Kathy Blair murder trial

Defense attorneys for Shawn Gant-Benalcazar restated their call for a mistrial Thursday afternoon, almost 24 hours after the jury began deliberations. 

Judge David Crain denied the motion Wednesday after it was disclosed the twe;ve jurors were at an impasse in their deliberations. Attorney Ariel Payan wanted to make sure their objection to his ruling was on the official court record.

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"The note specifically did not say the jury was deadlocked, the note specifically said we have a juror with reasonable doubt. Because of that, I believe the court's only option at this point is to declare a mistrial, and release the jury, should have done that last night at 10,” said Payan.

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It was argued that allowing the jury to continue after one member  made a conclusion, violates their client's rights under due process laws. 

The judge indicated emotions in the jury room had been running hot. 

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He urged the jury to remain calm during deliberations and to not make disparaging remarks to those they disagree with. With that, the defense made another motion for a mistrial.

Judge Crain denied it.