Jury can't reach unanimous decision in Agababa retrial - KUAM.com-KUAM News: On Air. Online. On Demand.

Jury can't reach unanimous decision in Agababa retrial

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Could we see yet another mistrial in the murder case of Allan Agababa, the man accused of killing his mother? The defense counsel motioned for that to happen after the jury returned to the courtroom today. But, it was immediately denied.

Jurors apparently are a difficult time working through the evidence and coming to a unanimous decision.

It appears jurors are losing hope at reaching a unanimous decision in retrial. Jurors have now spent a month in this case - that's three weeks of hearing testimony from both sides and one week of deliberations. Though they tried to tell the court they're undecided, judge Michael bordallo ordered they head back into deliberations and try again.

HIs Honor announced, "All of you are equally honest and conscientious jurors who have heard the same evidence. All of you share an equal desire to arrive at a verdict. Each of should ask yourself whether you should question the correctness of present position. I remind you that in your deliberations you are to consider the instructions you have been given to you as a whole. You should not single out any part of any instruction including this one and ignore the others. They are all equally important. You will now retire and continue your deliberations."

Jurors returned again at 5pm Friday and still hadn't reached a verdict. they were ordered to return Monday to continued deliberations.

Agababa is accused of aggravated murder for the death of his mother, 55-year-old Shelly Bernstein. He was tried for the crime three years ago, but jurors failed to reach a unanimous decision then, thus rendering a mistrial.

Although Guam's Chief Medical Examiner determined the manner of death a homicide, the defense disputed his findings stating prescription painkillers were involved and the manner of death was undetermined.

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