Jurors deadlocked Thursday on the most serious charges in a Santa Rosa assault trial marked by the arrest of one of the defense attorneys on allegations that she carried methamphetamine into the courthouse.
After five days of deliberation, the panel considering evidence against five men accused of beating a 40-year-old father and his daughter during a June 2012 car show at Youth Community Park announced it was hung 11-1 and 10-2 in favor of acquittal.
The only thing jurors could agree on was that two of the defendants, former Rohnert Park resident Robert Flett, 27, and Carl Hastie, 28, of Marin County, were guilty of fighting in public, misdemeanors carrying maximum 90-day jail sentences.
Flett, a rapper at the car show who was accused of breaking a bottle over the head of victim Amador Pacheco, faced more than 20 years in prison if convicted of assault with a deadly weapon and gang charges.
"There is not enough evidence, in my opinion, to try this case again," said juror Nechia Clarkson of Santa Rosa. "We were 'not guilty' on almost every count."
The nine-woman, three-man panel also hung on charges against the other defendants — Robert Sandoval, 36, Juan Tovar, 20, and Anthony Cervantes, 25, all of Santa Rosa. All except Tovar remained free on bail.
Prosecutors now will have to decide whether to refile the charges against the men and seek a new trial. Prosecutor Jason Riehl requested time to weigh his options.
Judge Julie Conger ordered both sides to return to court Tuesday. A sentencing date for Flett and Hastie was not set.
The trial, which began in May, was hampered by the July 17 arrest of Flett's attorney, Shell Kaminsky, 31, of Brentwood. Deputies said she tried to pass through a security entrance to the courthouse with a small amount of methamphetamine.
She was released on bail and continued to represent Flett, despite calls from the other defense attorneys for a mistrial.
Jurors leaving the courthouse Thursday said her performance and arrest were not factors in the verdict. Kaminsky returns to court Aug. 28 in her drug case.
Also, she and her co-counsel, Peter King of Pleasanton, were repeatedly late for trial, causing hours of delays.
Kaminsky was about two hours late for the reading of the verdict Thursday, drawing a sharp response from Conger.
The judge said she would consider contempt charges at a hearing this morning. She told Kaminsky to bring an attorney and warned her she would be thrown in jail if she were a minute late.
"I find this to be absolutely inexcusable," Conger told Kaminsky outside the presence of the jury.
UPDATED: Please read and follow our commenting policy: