BAKERSFIELD, Calif. (KERO) — A mistrial was declared on the most serious charges against Maya Hernandez after jurors could not reach a unanimous verdict on second-degree murder and involuntary manslaughter accusations. However, Hernandez was found guilty on two counts of child endangerment.
The case will now return to pre-trial status, meaning prosecutors could retry Hernandez on the murder and manslaughter charges or negotiate a plea agreement.
Defense Attorney Clayton Campbell explained that mistrials occur when all 12 jurors cannot agree on a verdict beyond a reasonable doubt.
"All of those jurors, each one individually, must have an abiding conviction that the charge is true in order to convict. So, you have to have all 12 of them in agreement. And it can't just be, well, I don't really agree with it, but I'll go along with it, because I want you to go along with me on this other charge, right? That would be an improper way of deciding a case," Campbell said.
Campbell praised the jury for following proper procedures rather than forcing a compromise verdict.
"They didn't force it; they didn't make trades. They didn't make deals with each other. They did what they were supposed to do. They stuck to their those who believed in guilt, they stuck to their abiding conviction that the charge was true, and those that thought they had a doubt, they stuck to their position that they had a doubt. And that's the way the system's supposed to work. So as frustrating as it is, because we want to see an outcome, we want to see a resolution, that's the way it's supposed to be," Campbell said.
Campbell addressed a common misconception that mistrials are equivalent to acquittals, which would allow defendants to walk free.
"Sometimes you have people who think that the defendant may be guilty of a lesser included charge, and they're afraid to to have a deadlock on the primary charge, because they think that that means the defendant just walks. That is just completely false. The case is still alive. They just have to start the trial over again," Campbell said.
Hernandez remains in custody with bail set at $1.1 million, which has not been posted. Prosecutors now have the option to retry the case or negotiate a plea deal with Hernandez and her attorneys.
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