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.
"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.
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.
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.