“We will almost certainly be doing this again,” said 56th Circuit Commonwealth’s Attorney G.L. Ovey, although a date was not set. Ovey was not available for comment after the trial. Russell’s attorney, John Stewart of Adams, Tenn., said the verdict was a vindication of Ovey’s decision to dismiss the charges in March 2003, and added that it indicates that the Commonwealth failed to prove Russell’s guilt.
However, Stewart wasn’t sure if he’d be representing Russell at any future trials. “That’s a business decision,” he said. “We don’t look forward to trying it again, but we will if we have to.”
The jury was deadlocked at an 8–4 vote, but 56th Circuit Judge Clarence A. Woodall III asked the jury not to indicate in favor of which verdict. After one-hour closing statements by both Stewart and Ovey, deliberations started at approximately 11:37 a.m.
During his closing remarks, Stewart called the court “the great levelers.” He also asked that the jury “bring this fiasco to a screeching halt” by finding Russell not guilty.
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