In this case, a mistrial was the only viable option. The judge screwed the due-process pooch on this case, both in allowing the prosecution to add a lesser, voluntary manslaughter charge after the defense already rested, and in his attempts to keep the jury deliberating after the jury twice indicated a deadlock. Any conviction would almost certainly have been overturned on appeal.
By the way, apparently, the jury was 12-0 NOT GUILTY on the murder charge, and hung, 11-1 GUILTY on the voluntary manslaughter charge. And several (5 or so) were concerned that the voluntary manslaughter charge was permitted to be added.
By the way, apparently, the jury was 12-0 NOT GUILTY on the murder charge, and hung, 11-1 GUILTY on the voluntary manslaughter charge. And several (5 or so) were concerned that the voluntary manslaughter charge was permitted to be added.