Still No Rest for the Prosecution or the Defense in the Hawthorne Murder Trial...
The State Attorney's Office made their case against Eddie Gillins Jr. and William Bascomb last week.
The men are accused of killing Wayne Hutchinson in 2003.
But after a week long trial, the jury still wasn't sure if the men did it or not.
After six hours of deliberation the jury was still split, so Judge Mark Moseley declared a mistrial and dismissed the jury.
But for attorneys, that was just round one in this case.
Defense Attorney for William Bascomb, Howard Lidsky, said, "The case is what it is, there's no evidence."
Lidsky said although the trial didn't end as they'd hoped, it did reinforce an important factor in the case. He said, "The only evidence against our client is Terrence Gillins...who changed his story."
But Spencer Mann of the State Attorney's Office said there's more to the case than physical evidence. He said, "You don't necessarily have to have physical evidence to convict...obviously in these days of crime shows, the CSI's, the NCIS and different programs...people tend to forget that there have been many a person convicted on eye witness testimony."
Both sides said that they'll reevaluate between now and the next trial to make sure they win the jury over.
Lidsky said, "We need to make it much clearer to the jury next time about Terrence Gillin's schemes. And we're gonna do that."
Mann said, "I think both sides will look very carefully at what they presented and see what adjustments they need to make in order to have a strategic advantage going into the next trial."
But Lidsky, Finesilver and the State all mentioned calling more witnesses next time in order to win the whole jury to their side of the case.
Lidsky said " We came very close to walking out of the courthouse with our clients on Friday night and next time we're gonna go all the way."
On Wednesday there will be a pretrial hearing to work out scheduling conflicts and a final date for the next trial.
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