If a mistrial is declared in Samantha Woll murder trial, what's next?
(CBS DETROIT) - After an alternate juror was introduced Monday in the Samantha Woll murder trial, and the jury remained deadlocked Tuesday after four days of deliberation, former federal prosecutor Richard Convertino says he believes there will be a not-guilty decision made.
"Hopefully, the new juror will end the log jam and be a new, fresh voice," Convertino said.
On Tuesday, Judge Margaret Van Houten gave the jury until the end of Thursday to reach a unanimous decision. If a decision is not reached, she will declare a mistrial.
Deliberations resume Thursday morning.
"I've seen the openings, the closings. I've seen the direct and cross-examination of the defendant himself, which is a very bold move for a defense attorney to put his client on. It's a very risky move. It's either a home run or a hit by a pitch, and I think that the defendant, in this case, was fair and a statement of the facts, and I think he was honest; he appeared honest. I think he certainly put some serious doubt in the minds of some of the jurors," Convertino says.
In the case of a mistrial, CBS News Detroit asked Convertino what happens next.
"Mistrail is a time when the jurors tell the judge that they've reached an irretrievable impasse and they cannot come to a unanimous verdict on one or more of the counts. They simply can't do it. They're at their wit's end, and it's over," Convertino said.
Convertino says the case will then be dismissed and re-brought by the prosecution if they believe that it's justified to do so.
"In this case, I would hope that if it's a mistrial, that the prosecution will start a new investigation and at least invigorate the old one. Fill the holes, do a lot of the work that they didn't do, fill the gaps that are enormous in this case, and reconnoiter and determine whether or not if this is in the interest of justice to bring this case again against this defendant," he said.