GRAND RAPIDS, Mich. — In our ongoing coverage of the trial, we spoke with legal and law enforcement expert Lew Langham, who offered insights into the complexities of the case and the possibility of a new trial. Langham noted that it is likely Chris Becker will refile charges, but he emphasized that the elements of the case may differ in the future.
SEE MORE: MISTRIAL: Jurors unable to reach a verdict in trial of Christopher Schurr
Langham, who is a professor emeritus at Cooley Law School and a former Michigan State Police detective, stated, "I think both sides put on the best case they could have put on. I think the prosecution team did a great job. I think the defense team did a great job. The question becomes at this point ... was the second-degree murder charge too high of an offense to charge?"
He explained that the prosecutor has several options moving forward, including bringing the same charges, not pursuing any charges, or opting for a lesser charge.
The prosecution likely asked crucial questions to the jury on how they perceived the case. As he put it, "What are the one or two things that hung you up on this trial and not being able to make a decision that the defendant was, in fact guilty of this offense of second-degree murder?"
Langham elaborated that if many jurors struggled with Patrick Lyoya's attempt to grab the taser, the prosecutor may need to adjust his strategy in any forthcoming trial: "If most of them have a problem with the fact that Patrick Lyoya had the taser ... then the prosecutor recognizes that he's going to have to address that a little bit differently."
Regarding the potential for another mistrial, Langham mentioned that if it occurs, the prosecution would likely attempt again. However, he noted that after a third mistrial, they may decide not to proceed, citing precedents from other cases.
Langham has previously stated that if the trial were to resume, it could take at least four to five months to get back into the courtroom.
Click here for more coverage on the shooting death of Patrick Lyoya.
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