People v. Kimble

Defendant was charged with 4 counts of aggravated criminal sexual abuse against a 9-year-old girl.Trial judge determined that jury was deadlocked and declared a mistrial. Trial was not long or complicated:  2 days of witness testimony and videotaped statements and 1 defendant; charges arose out of essentially the same operative conduct. Jury emphatically indicated that it had been at impasse for several hours, and collective belief of jurors, after foreperson inquired of them, that it would be futile to continue to deliberate. It was not irrational, irresponsible, or otherwise unreasonable for judge to conclude that jury was unable to reach a verdict and that further deliberations would have been pointless and coercive. Judge was not obligated to give Prim supplemental jury instruction prior to declaring mistrial. Judge did not abuse her discretion in deciding that a mistrial was justified by manifest necessity. Thus, double jeopardy clause did not bar reprosecution. (KARMEIER, THOMAS, KILBRIDE, and GARMAN, concurring; BURKE and NEVILLE, dissenting.)