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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says....
It's amazing to me as to the evil that lurks among all that has judged this young man. He very well may not be the killer. Proof beyond a reasonable doubt. For all of you that states you will take care of him yourself, that is a threat and you need to be in jail for a threat. Somethings do not need to be said. To another observer: are you saying Julie McKenna is not a good attorney? If she is not, then who do you recommend? It appears that you know so much?
7/30/2009

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says....
He is not in a gang. He is not guilty and just because you are accused does not mean that you are guilty.
7/29/2009

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just another observer says....
This is not the first murder trial Julie McKenna has mucked up. This is just her regular career seeking attention and doing a poor job.
5/9/2009

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says....
dariansma - i hope that your family finds some peace. My prayers are with you. I am so sorry for your loss. That is tragic, i couldn't imagine. i hope there is justice in your case.
5/7/2009

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childhood paymate says....
Its so sad how a young kid can get caught up in the wrong stuff. I knew Neloson a long time ago we lived in the say neighborhood his mom was a very sweet woman and his little sister too. I think he is about 5 year younger then me and 2 see someone so messed up and into the wrong stuff and not realize what life is really about is just sad! my heart goes out to his mother! Regarless of what everyone has said below just know I am praying for your family and i hope everything works out the way it should and maybe the truth will never come out and we all cant sit here and say what we think happened or what whoever said happened god will do what is right and all we can do is pray for everyone who is involved in this case!
5/7/2009

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Peggy says....
I'm vehmently against d.a.'s trying to advance their careers and put another 'notch' on their conviction record,but when someone is murdered,even a drunk,drugged out,non productive person,erased by another of the same ilk,it's troublesome when there isn't a resolution for the law abiding folks,as to where salina is going as to raising a family,or loved ones...and our own well being,and right to a peaceful existance.
5/6/2009

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says....
hopefully there will be a 3rd trial
5/6/2009

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dariansgma says....
I certainly hope the jurors in my daughter's case have the cohones to put and keep her killer behind bars. Only time will tell. I feel sorry for the victim's family. Justice must be done so this family can have some kind of closure and peace. The third trial may be exactly what they need to hold this guy accountable.
5/6/2009

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Danny says....
This is response to ME:I am a hispanic male and proud of my heritage,you say posters and people are talking crap on 'us' mexicans.Please don't pull the race card,I understand it was a white man that was killed.I come from a big city and have experienced racisim first hand.You belittle the cause when you cry about being picked on when hispanics are not in this case.For crying out loud,two trials,no conviction??There may be a need for more media explanation of why two hung juries,but bro.don't cry about mexicans and racism in this,your off base and hurting us in the long run.Also bro,we need to improve our english,it's part of the battle for us to prove who we are.Danny Alvarado
5/5/2009

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Denise says....
An eyewitness,after finding out the guy died,the accused said 'I guess I did hit him"this is ridicoulous,I'm afraid there will be more killing,they all sound like thugs,testimony tells of all the drugs,alcahol,and evidently time on the hands of lowlifes.What a town.
5/5/2009

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whatever says....
Ellen Mitchell knew she would never win this case this is why she sent a sub in to do her work.
5/5/2009

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blwclm says....
I'm sorry, but I knew Mark Simpson from the time he was just a young boy and the poster that said he must have done something to get shot and totally wrong. He was a good boy and a good man. I hate that there was yet another hung jury and the family of Mark can get no peace from this.
5/4/2009

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me- says....
i've known cameron and cash since cameron was thigh high..he may have did it he may not have..but known of you are anyone to judge so take you opinions and SHAVE THEM SOMEWHERE ELSE..INSTEAD OF JUDGING HIM AND TALKIN CRAP ON US MEXICANS...TAKE A GOOD LOOK AT YOUR OWN KIDS...GET YOUR NOSES OUTTA THE AIR
5/4/2009

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JJ says....
The justice system is a joke. Why can't the jury look at the rap sheets of the accused as well as the witnesses? Jurors should ask themselves if they want the accused walking the streets again or if he might be better off behind bars and making appeals for a new trial. 9.5 times out of 10 the accused should be behind bars.
5/3/2009

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firstyear(1L) says....
If you have only be reading newspapers and taking hearsay as the truth, you should not be ranting about letting criminals walk. Our justice system demands proof beyond a reasonable doubt. We don't throw people in jail on a whim. Two juries have heard information you haven't (the facts of the case) and have been unable to determine his guilt. So may the case is not as obvious as you may think.
5/3/2009

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says....
This is so unbelieveable how a murderer can just walk free. But for real he really isn't walking free cause he has to face the real Judge and we all know who that is "the man above" God bless his soul. My Prayers go out to Marks family and little daughter. May you find some peace. God Bless
5/2/2009

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citizen sally says....
no, ella, you cannot be tried for the same crime twice, but only if found guilty or proven innocent. however, a hung jury results in no conviction or acquittal. in this case, there could be a third trial...
5/2/2009

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says....
h3ad tr9p must be an ignorant child that lacks guidence deserved to be shot at? you kids need help!
5/2/2009

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says....
The eyewitness is a joke!! They can't convict because he is innocent. He is NOT a MURDERER, none of you have all the facts, you have what the newspaper wants you to hear, and the half truths of the people trying to save face from bumbling the investigation, that was NOT done. Nelson is not guilty. Thank God you are not a juror. What the hell does gangs have to do with it? Bunville is trying to save his own ass, plain and simple.
5/2/2009

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miny says....
i can not believe this....nelson totally did it everyone knows it and talks about he is gunna get away with murder...he had another gun charge a few years ago for putting a gun to someones head and forcing her to give him oral sex.....is noone looking at his past?!!?!....if he gets off he better move
5/2/2009

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H3ad Tr9p says....
I think people in salina should be worried more about the little mexican gangs running around with guns in this town then Killa Cam... g'luck Cash and Cam get out soon and the dude that died I'm sure had done something to get shot at... good luck finding the real murderer salina p.d you guys can't even find the gun for this case nor the other murder
5/2/2009

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13 says....
hes a punk
5/2/2009

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Justice for all says....
Unless you were in the courtroom and heard the testimony, you are not in a position to criticize the jury. The first jury also didn't hear all the information about the State's star witness!
5/2/2009

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innocent until proven guilty says....
The public didn't hear about the phone that the State introduced as Cameron Nelson's phone. The phone was identified by two police officers as the phone taken from the place where Mr. Nelson was arrested at in Topeka. Turns out the phone didn't belong to Mr. Nelson and the phone and testimony had to be striken from the record. So much for evidence. Give up the witch hunt.
5/2/2009

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Darren says....
What a JOKE. Sounds like we need to get some better prosecuting attorneys.
5/2/2009

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says....
from what i've read in the papper from both trails it seems that the witness stories have changed and if the star witness had so much guilt and thats why he came foward why did it take for his house and car to search for him to come foward. It sounds to me the have an inconnent man behind bars and the real murder is probally testifying against nelson to save their own butts. Its about time the state just lets nelson free!!
5/2/2009

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Ella says....
Can you be tried for the same crime twice
5/2/2009

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JJ says....
An eyewitness in the back seat who saw the actual killing and "there's no evidence"? What a joke jury! Who wants that killer to be released onto the streets?
5/2/2009

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Kenneth says....
Just the facts.A man has been shot and killed on the streets of Salina,and no one seems able to uphold law or justice in this town.
5/2/2009

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I DON'T BELIEVE THIS! says....
WAY TO GO LIBERAL JURY! Let a killer back on the streets of Salina! Really, GREAT JOB! I just hope next time... and YES there WILL BE A NEXT TIME for this kid...it's not one of your family members! He deserves to be in jail! He's already been arrested 10-15+ times, and he's not even 20 years old! This kid is a killer, and now gonna walk free again! Salina, you should be worried about your safety! I just hope next time, it's my house he tries to burglarize or me he tries to rob. Cuz I'll take care of the problem myself!
5/2/2009

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Concerned citizen says....
I talked to a juror of the first trial. He said that the prosecutor's were not allowed to tell them everything in court. After the trial when the attorneys talked with the jurors and explained gangs and their ways it answered many of the questions that they had. They just weren't allowed to hear it in court. The guy is guilty, he will get out of jail and kill again.
5/2/2009

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