Judge Tim Kaltenbach had no choice Wednesday night, after the jury foreperson told him there was no chance that further deliberations would help them come to a consensus.
Defense attorney Mark Bryant said this was not what anyone involved wanted to hear.
"I wish the jury had come back with a verdict, especially a verdict in our favor, but that was a tough case, I mean, it took a long time, and it takes a lot out the Commonwealth Attorney's office, the Sheriff's office, my office, and everybody wishes the jury had returned a verdict, but we just didn't have it," Bryant said.
At the time he was approached for comment, Assistant Commonwealth Attorney Raymond McGee did not know the jury's vote ratio. He said the prosecution was "pretty confident, but it is what it is."
One juror didn't want to comment yet, but has confirmed to West Kentucky Star that eight jurors wanted to convict and four wanted to acquit. Assistant Commonwealth Attorney Raymond McGee and defense attorney Mark Bryant agreed that those totals would help them as they consider their next step.
Judge Kaltenbach scheduled a new pre-trial conference for March 12 at 9:00 am. Griffith will remain jailed on $1,000,000 bond.
McGee said the Commonwealth will pursue another trial, and Bryant said he must consult with the family to see if they want him to continue representing Griffith. If so, he said he would move for lower bond for Griffith, who has been in jail for 13 months.
"My opinion is that the proof is no longer evident, nor the presumption great that my client committed that offense, and we would ask the judge to reduce the bond."
During their 6-hours of deliberations, the jury asked Judge Kaltenbach if circumstantial evidence carried as much weight as direct evidence. Kaltenbach told them he couldn't provide them with an answer, but it was their job to follow their jury rules and make that determination.
Bryant said in his opening and closing statements that the state's case was circumstantial, while McGee argued that everything they presented couldn't be coincidence.
If this debate is what hung the jury, it could happen again in a re-trial, but it's more likely that investigations into Griffith's last-minute alibi in this trial will be a key factor next time.
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