UPDATE– Mistrial due to hung jury, granted. Hearing on bond and other pending matters set for Nov. 25 at 1:15 p.m. Prosecution vows to re-try case.
At 10:50 a.m., Friday the jury posed a question to Judge Daniel Wilson that read, “If we are not going to reach a verdict, what’s next?” Judge Wilson met with Seth, his attorneys and the prosecution in chambers. Judge Wilson gave the jury additional instructions, at this time, and asked them to continue deliberations.
At 1:55 p.m. Judge Wilson received another note from the jury stating, “A verdict will not be reached.” Judge Wilson had Seth Techel retrieved from the Henry County jail. Seth, present with counsel, and the prosecution entered the courtroom at 2:30 p.m.
Judge Wilson asked the head juror if he had sent him the notes. His reply, “Yes.” Judge Wilson asks, “Will further deliberations bring a verdict?” Head juror answers, “No.” Judge Wilson, “Has there been any movement between 10:50 this morning and now?” Head juror, “No.” Judge Wilson asks jury to raise hands if anyone disagrees. No hands were raised. Judge Wilson asks jury to go to jury room and continue deliberations.
After the jury left, Steve Gardner, counsel for the defense, asks to not allow anyone who is showing emotion to be in the courtroom. States “it could effect the jury’s decision and that would not be a fair trial.” Prosecution objects, states, “there is a lot of emotion in this case.” Judge Wilson States that if you can’t control your emotions, you will be asked to leave.
The jury continues deliberations.