Second jury deadlocked; mistrial declared

For the second time in less than two months, an Alabama jury is unable to agree whether the police leg sweep of an Indian citizen violated the Constitution.

This was the second trial of Madison Police Officer Eric Parker for a jarring sidewalk takedown replayed countless times on American and Indian news stations in February. The first criminal trial at the federal courthouse in Huntsville ended with a hung jury on Sept. 11.

The retrial began on Oct. 26. The new jury spent more than three days deliberating after receiving the case on Friday afternoon. But at 3:25 pm. on Wednesday, the jury filed back into the federal courtroom in downtown Huntsville to announce they had reached an impasse.

U.S. District Judge Madeline Hughes Haikala read a note that said despite "intense discussions' jury votes in the morning and afternoon showed no hope of consensus.

The judge asked if further deliberations would be productive or not. "Not," said the foreman. She asked: "Is the jury deadlocked then?" The foreman replied: "Yes, your honor."

The judge announced for the second time: "The court declares a mistrial."

Parker, 27, has said Sureshbhai Patel did not comply with orders to stop, could not answer questions about his identity and resisted attempts to check him for weapons. Parker testified Patel pulled his hands away during a pat down.

"It concerned me that he was going for that weapon I presumed he had," Parker told the jury during two hours on the stand on Friday. As for the takedown itself, Parker testified, same as in the first trial: "I lost my balance, as well, and fell."

During opening statements, defense attorney Robert Tuten told the jury that lack of English does not excuse Patel: "When you come to the U.S. we expect you to follow our laws and speak our language."

During closing statements, Tuten argued: "The government wants you to give Mr. Patel a free pass because he doesn't speak English."

But throughout the trial, Tuten repeatedly argued that Patel's actions led to the takedown, that Patel was not allowed to walk away from police or pull his hand away.

"He's got to know the laws," said Parker on the stand Friday.

"Does he?" replied Assistant U.S. Attorney Robert Posey.

"He's got to comply with them," said Parker.

http://www.al.com/news/index.ssf/2015/11/parker_verdict.html