GRAND RAPIDS, Mich. — As jury deliberations continue, legal experts suggest a mistrial may be on the horizon if jurors remain deadlocked. Cooley Law School Professor Emeritus and former Michigan State Police Detective Lew Langham discussed the ongoing trial, highlighting that the judge may ultimately have to declare a mistrial if jurors demonstrate no progress toward a consensus.
“[Another trial] may not happen for another 4, 5, 6 months, and it's already been three years, so the judge is going to give [the jury] every opportunity to keep working on this as long as reasonable,” Langham said.
With the jury's continued deliberations lacking a definitive verdict, Langham anticipates a pivotal moment. If the jury returns to the judge two or more times in the next day, without reaching a decision, he believes the judge could declare a mistrial.
Until then, Langham explains only the jury will know where they are on the votes. He says the jurors in the majority, if there is one, are campaigning for the verdict they want. If they can’t convince other jurors to join their side, a mistrial would be declared.
In the event of a mistrial, the prosecution will face a critical decision. "So they have a decision to make, and part of that decision will be made once they find out where the jury was,” he added. “If you've got 10 jurors saying not guilty, and you have two jurors that are saying guilty, the prosecutor has a problem."
As the trial unfolds, all eyes remain on the jury, with the possibility of another lengthy trial process lingering if a mistrial is declared.
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