5/1/2009

For the second time, jury can't reach decision in man's murder

Murder trial ends in mistrial

By ERIN MATHEWS

Salina Journal

"We can't agree. What's next?" read the note from the jury foreman at the end of nearly two days of deliberation in the Cameron Nelson second-degree murder trial.

What was "next" Friday afternoon was that Saline County District Court Judge Daniel Hebert declared the second mistrial in the case against Nelson. Both trials ended when the jury failed to reach agreement on a verdict.

Nelson, 20, will remain in custody, and Hebert declined a request from Nelson's attorney, Julie McKenna, to lower his $500,000 bond.

At 9 a.m. May 11, the court will consider any motions or requests filed by the prosecution and defense. McKenna said following the proceeding that early next week she would file a motion for acquittal.

McKenna, a former Saline County attorney, said in her years of practicing law she had never experienced a mistrial in a murder case -- let alone two.

Longest trial of career

At the conclusion of Friday's trial, Hebert said this was his 25th anniversary as a judge. Nelson's second trial was the second longest trial of his career, Hebert told jurors. The trial began April 21, with seven days of testimony followed by two days of deliberations.

"You've been here the better part of two days now, and it is your belief that further deliberations would not relieve that deadlock?" Hebert asked the jury foreman.

"That's correct," she said.

Hebert dismissed the six-man, six-woman jury, thanking them for making a "valiant effort" to resolve their differences.

"Some things are not meant to be," he said. "You've performed outstanding service for the community that's way over and above the call of duty."

Evidence wasn't there

Nelson is charged with second-degree murder and unlawful criminal possession of a firearm. He is accused of shooting Mark H. Simpson, 38, shortly before 2:30 a.m. April 16, 2008, in the 500 block of South 10th Street. Nelson's first trial was in December.

McKenna and Saline County Attorney Ellen Mitchell and Christina Trocheck, an assistant county attorney, were meeting with jurors Friday evening to hear their perceptions about the case. Mitchell said what she hears from jury members will affect how she'll proceed.

McKenna said she was able to meet with only one juror, while a group of others were speaking to Trocheck and Mitchell. She said the juror she spoke with indicated the evidence was insufficient to support a conviction. McKenna said she did not ask how many jurors believed they had reasonable doubt about whether Nelson was guilty.

During closing arguments, Trocheck had urged the jury to convict Nelson of intentional second-degree murder, saying the state's evidence and witness testimony proved Nelson killed Simpson. McKenna characterized the state's case against Nelson as "nothing but lack of proof and reasonable doubt."

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