Madison police officer Eric Parker will face a new jury on Oct. 26, as federal prosecutors once again try to make their case that Parker used unreasonable force, according to al.com

The first attempt ended in a mistrial, as the deadlocked jury could not agree whether Parker acted unlawfully when he slammed down an Indian citizen on the morning of Feb. 6.

The defense argued that police were responding to a call about a suspicious man, then the man, Sureshbhai Patel, walked away from officers. The defense argued Patel then pulled his hand away from Parker and that he could have had a dangerous weapon in his pockets.

But Patel had just arrived in the United States days earlier to care for his new grandson. He was taking a morning walk on the street in front of his engineer son\'s home. He testified that he does not speak English and that he did not pull away from officers. Patel was left partly paralyzed, was hospitalized and had cervical fusion surgery.

Patel\'s surgeon testified that patients with Patel\'s injury were unlikely to regain full motion in the legs or grip strength in the hands.

The case drew international headlines, as the video of the takedown played repeatedly on news stations across India and across the United States.

The original trial ended in a 10-2 split in favor of acquittal, according to jurors. Soon after the judge declared a mistrial on Sept. 11, Robert Posey, Assistant U.S. Attorney, said that the federal government would retry the case.

Juror: \"I think people go into it with their side, their set mind.\"

After a late status conference today, a new trial on the single count of deprivation of rights under color of law was set for Oct. 26, according to Peggy Sanford, spokesperson for the U.S. Attorney\'s Office. A pretrial hearing is set for Oct. 6.

Meanwhile, Parker still faces state prosecution and a federal lawsuit.

After the mistrial, Judge Jeanne Anderson in Limestone County again postponed the state case for misdemeanor assault. Parker was charged by his own department with third degree assault. The office of the Alabama Attorney General office is handling the prosecution.

The judge asked both sides to update the court on the federal trial by Dec. 9 at 9 a.m.

The civil suit is also on hold. Patel on Feb. 12 sued the City of Madison and sued Parker in federal court for illegal seizure, unlawful search and excessive force.

Judge Virginia Emerson Hopkins on Wednesday postponed any action in the suit until next year. The judge set a deadline of March 30, 2016, for a joint report on the status of \"the multiple criminal proceeding against Officer Parker.\"

In the federal trial earlier this month, the prosecution argued Parker used a leg sweep and force Patel to the ground face first while holding his hands behind his back. The prosecution argued Parker must have known the move was bound to lead to injury and was therefore unreasonable and therefore unconstitutional.

The defense argued that force must be judge from the perspective of a reasonable officer in the moment. They argued Parker could not know that Patel was out for a walk and that taking down a suspect who is not compliant is consistent with training. The defense several times said the incident was unfortunate, but not criminal.

The jury split 10-2 along race and gender lines earlier this month.

http://www.al.com/news/huntsville/index.ssf/2015/09/new_trial_set_for_madison_poli.html

Officer Eric Parker to face new jury on Oct-26