Mr. Feyzjou concludes jury trial on 04/29/13. Result: HUNG JURY!
Our client, Jose, was charged with assault with a deadly weapon. As we started investigating the case, we realized that the client acted in self-defense. We were given an offer of 6 years before preliminary hearing and 15 years right before we started trial. We knew our client is innocent so we decided to go to trial.
On April 29, 2013, the jury returned after 3 days of deliberations and indicated to the court that they were unable to find our client Guilty beyond a reasonable doubt. The judge asked if there was anything else that could be done for the jury to make a decision about guilt or innocence. The jurors all indicated that they just had a difference of opinion about the facts of the case. As a result, the court declared a mistrial.
A mistrial is not a conviction. It is essentially the court’s determination that the jurors are “hung” and cannot reach a verdict.
This is a great result. In order for the prosecution to convict our client, they will have to try him again. However, considering all of the prosecution witnesses lied on the stand and were impeached by each other and their own testimony, we find it unlikely that there will be a re-trial. And, if there is a re-trial, we are comforted by the fact that we have prior sworn testimony to use against these witnesses.