Mistrial declared for Elhadji Ba, Judge denies release from custody

Yesterday, the jury in Elhadji Ba's case was "hopelessly deadlocked."  Today, despite further deliberation, there was no change.



The split was 10-2. The jury foreperson was not asked how many votes were for guilt or innocence. There were 7 ballot counts.

The jury remained "hopelessly deadlocked" and Judge Lawrence Killoran declared a mistrial. He also denied defense request to release Ba or schedule another OR/bail hearing. "I am not inclined to release Mr. Ba."
Defense can file a motion.

Another jury trial is set for November 12. Trial confirmation is on November 4. Jurors left and did not wait around to talk to attorneys.

This morning, after about an hour of deliberation, they sent a note at 10:50 a.m. Courtroom was opened at 11:05 a.m.

The note was asking how the law differentiates between unlawful restraint and forceful touching.

Deputy Conflict Counsel R.J. Leohner told Judge Lawrence Killoran, "I don't know what other clarification we can give them other than to refer them to jury instruction 935." Deputy District Attorney Stacey Eads agreed. After looking at CALCRIM, some discussion at the bench, the jury was referred to that instruction and language. They left for lunch at 11:55. Resumed deliberations at 1:45. Attorney went into courtroom at 2:10. Courtroom opened at 2:20.

Previous post:
https://johnchiv.blogspot.com/2019/10/ba-jury-hopelessly-deadlocked-on-sexual.html?m=1