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After deliberating for about 12 hours over the course of two days, a Florida jury declared itself deadlocked Friday in the gambling trial of former college quarterback, Adrian McPherson.
The mistrial leaves the 20-year-old Florida State University sophomore still eligible to play college sports. A conviction for misdemeanor gambling on professional and college games would have ended the young star's NCAA career. He also faced 60 days in jail and a $500 fine.
A separate NCAA decision will be rendered regarding whether McPherson can fulfill his two remaining years of eligibility.
Leon County Judge Timothy Harley sent the jury back twice over two days, urging the panel to reach a unanimous verdict. After the first unsuccessful attempt at resolving their differences, Harley offered them detailed advice.
"Sometimes an early vote before the discussion can make it hard to decide on the case later..." he said. "I have only one request of you I want you each to tell all the other jurors about the weaknesses of your own position."
Forty-five minutes later, the six jurors, who include a retired policeman, a small business owner and a state office worker, returned with a written statement: "We've complied with your instructions and no verdict can be reached."
One juror, Ben Turney, told Court TV that the panel was 5-1 to convict after only 30 minutes of deliberations. The lone holdout gave no substantive reasons for his not guilty vote, Turney said. The deliberations lasted as long as the trial, which began Wednesday morning.
Prosecutor Georgia Cappleman vowed to retry the case immediately and expressed her dismay during a brief press conference after the hearing.
"I'm disappointed that there wasn't a guilty verdict, but I'm ready to tee it up again," Cappleman said.
Even without a retrial, McPherson could be permanently banned from football if NCAA officials decide he bet on Florida State football games, and could receive a one-year suspension if they think he only participated in "any gambling activity that involves intercollegiate athletics or professional activities."
Two of McPherson's former friends, Otis Livingston and Melvin Capers Jr., testified for the prosecution that they gambled with McPherson using an online agency, SBG Global. Livingston said McPherson did bet on Florida State games, but he could not recall if he placed bets on the team while starting as quarterback.
McPherson's troubles have attracted a great deal of media attention, particularly because of the promise he showed on the field. He performed well as a starter, leading the team to a 3-1 record in November.
A separate set of criminal charges involving a check-cashing scheme could prove more damning to the gridiron jock. On July 15, McPherson will be tried on felony charges for allegedly stealing a blank check from an auto parts store, and passing that check onto Capers for cashing.
A multi-agency investigation into that case, and several alleged bounced checks, ultimately shook loose the gambling allegations.
McPherson did not testify on his own behalf during the half-hour defense put on by his lawyer, Grady Irvin Jr., Thursday morning.
Longtime Seminoles coach Bobby Bowden took the stand, however, and told the jury about McPherson's abilities on the field.
During their case, prosecutors pieced together two specific bets on Monday night football games that were placed with the help of a cellphone allegedly used by McPherson.
McPherson's phone records, said prosecutor Cappleman, dovetailed perfectly with Western Union receipts and logs seized from a computer allegedly used to place online bets. The ensemble of evidence formed an unmistakable pattern of gambling, she argued.
"Why on earth would someone's phone call SBG Global 15 times if they weren't using that service?" asked Cappleman in her closing argument. "We've got call-wire-call, call-wire-call in exact sequence on two separate occasions."
But McPherson's lawyer maintained that Livingston and Capers were the ones with the gambling problem, not his client. And a bookmaking rap plagued another witness who testified that McPherson asked to use his credit card to set up an online gambling account.
"This room is so full of reasonable doubt that it's overcrowded in here right now," Irvin said during his closing argument.
The mistrial leaves the 20-year-old Florida State University sophomore still eligible to play college sports. A conviction for misdemeanor gambling on professional and college games would have ended the young star's NCAA career. He also faced 60 days in jail and a $500 fine.
A separate NCAA decision will be rendered regarding whether McPherson can fulfill his two remaining years of eligibility.
Leon County Judge Timothy Harley sent the jury back twice over two days, urging the panel to reach a unanimous verdict. After the first unsuccessful attempt at resolving their differences, Harley offered them detailed advice.
"Sometimes an early vote before the discussion can make it hard to decide on the case later..." he said. "I have only one request of you I want you each to tell all the other jurors about the weaknesses of your own position."
Forty-five minutes later, the six jurors, who include a retired policeman, a small business owner and a state office worker, returned with a written statement: "We've complied with your instructions and no verdict can be reached."
One juror, Ben Turney, told Court TV that the panel was 5-1 to convict after only 30 minutes of deliberations. The lone holdout gave no substantive reasons for his not guilty vote, Turney said. The deliberations lasted as long as the trial, which began Wednesday morning.
Prosecutor Georgia Cappleman vowed to retry the case immediately and expressed her dismay during a brief press conference after the hearing.
"I'm disappointed that there wasn't a guilty verdict, but I'm ready to tee it up again," Cappleman said.
Even without a retrial, McPherson could be permanently banned from football if NCAA officials decide he bet on Florida State football games, and could receive a one-year suspension if they think he only participated in "any gambling activity that involves intercollegiate athletics or professional activities."
Two of McPherson's former friends, Otis Livingston and Melvin Capers Jr., testified for the prosecution that they gambled with McPherson using an online agency, SBG Global. Livingston said McPherson did bet on Florida State games, but he could not recall if he placed bets on the team while starting as quarterback.
McPherson's troubles have attracted a great deal of media attention, particularly because of the promise he showed on the field. He performed well as a starter, leading the team to a 3-1 record in November.
A separate set of criminal charges involving a check-cashing scheme could prove more damning to the gridiron jock. On July 15, McPherson will be tried on felony charges for allegedly stealing a blank check from an auto parts store, and passing that check onto Capers for cashing.
A multi-agency investigation into that case, and several alleged bounced checks, ultimately shook loose the gambling allegations.
McPherson did not testify on his own behalf during the half-hour defense put on by his lawyer, Grady Irvin Jr., Thursday morning.
Longtime Seminoles coach Bobby Bowden took the stand, however, and told the jury about McPherson's abilities on the field.
During their case, prosecutors pieced together two specific bets on Monday night football games that were placed with the help of a cellphone allegedly used by McPherson.
McPherson's phone records, said prosecutor Cappleman, dovetailed perfectly with Western Union receipts and logs seized from a computer allegedly used to place online bets. The ensemble of evidence formed an unmistakable pattern of gambling, she argued.
"Why on earth would someone's phone call SBG Global 15 times if they weren't using that service?" asked Cappleman in her closing argument. "We've got call-wire-call, call-wire-call in exact sequence on two separate occasions."
But McPherson's lawyer maintained that Livingston and Capers were the ones with the gambling problem, not his client. And a bookmaking rap plagued another witness who testified that McPherson asked to use his credit card to set up an online gambling account.
"This room is so full of reasonable doubt that it's overcrowded in here right now," Irvin said during his closing argument.
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