Mistrial declared in California judge’s murder trial

SANTA ANA, Calif. (NBC, KYMA/KECY) - A mistrial was declated Monday in the murder trial of a California judge accused of shooting his wife.

After a weekend, and eight days of deliberations, the jury in the Jeffrey Ferguson murder trial told the judge they're hung on the second degree murder charge, with no way to reach a unanimous decision.

Judge Eleanor Hunter declaring a mistrial just before 11:00 a.m.

The outcome was not unexpected after jurors tried to work through two impasses. In the end, they said the split was 11-1, with 11 jurors voting guilty while one juror voted not guilty.

"A hung jury is not a failure. It's part of the process. It's also a success in it's own way. The surprise was that the jury was out this long...I've never had a jury out two weekends...I think it's a testament to how hard this jury worked," said Cameron Talley, who represents Ferguson.

Talley saying he hopes to represent Ferguson, 74, in the retrial, which Orange County District Attorney Todd Spitzer says he will absolutely pursue.

"[Monday was] a victory for the Orange County D.A.'s office...11 to one for guilty is a phenomenal success...We are absolutely prepared to retry this case and we are ready and willing to answer any time they tell us the court is ready," Spitzer declared.

One person who is not ready is Sheryl Ferguson's brother, Larry Rosen, who first said Friday what he repeated Monday: He does not want the da's office to retry his brother-in-law.

"I'm at least temporarily happy...I think this was right call...I personally, on behalf of the family, would like to share that all of us do not believe that Ferguson committed murder," Rosen expressed.

Rosen says he started the two and a half week trial conflicted, but at the end of it, he agreed with the defense that the shooting death of his sister was an accident. Rosen also says he wants the D.A.'s Office to offer Ferguson a plea deal.

The new trial could start as early as next month.