Just before 4:30 p.m. on Tuesday, October 26, Dublin Senior Superior Court Judge H. Gibbs Flanders, Jr. granted the defense’s motion for a mistrial in the trial of three former deputies charged with the 2017 in-custody death of 58-year-old Eurie Lee Martin.
Jurors indicated to Judge Flanders that they had not had any change of positions regarding this case since they began deliberating on Friday, October 22.
12-jurors deliberated in the trial of three former deputies charged with the 2017 in-custody death of 58-year-old Eurie Lee Martin for nearly three days.
In the early hours of Tuesday’s deliberations, jurors asked to watch the first portion of the dash camera footage from defendant Henry Lee Copeland’s patrol vehicle. There were no objections to this request.
Less than one hour later, Senior Superior Court Judge H. Gibbs Flanders, Jr. received more correspondence from the jury; this time, one of the jurors asked to be excused. After a lengthy conference in the Judge’s chambers, Judge Flanders announced that the jury would take their lunch for the day. No action was taken regarding the juror’s request.
On Tuesday afternoon, a third request came before Judge Flanders. With this request, jurors wanted a copy of the Fourth Amendment. Judge Flanders explained that all relevant information pertaining to the applicable laws was provided in the Charge that was issued prior to deliberations beginning on Friday, October 22; jurors were provided with a copy of that Charge on Friday for reference.
As previously reported by WACO 100, deliberations began around 11 a.m. on Friday, October 22. Jurors returned to court on Monday, October 25 to continue deliberations.
Just before 2 p.m. on Monday, October 25, a bailiff provided Senior Superior Court Judge H. Gibbs Flanders, Jr. with a note from the 12-jurors, indicating that the group could not reach a unanimous decision concerning the three former deputies, identified as Henry Lee Copeland, Michael Howell, and Rhett Scott.
After reading the note, Judge Flanders explained that the 12-jurors began deliberations on Friday, October 22 at approximately 11 a.m.; jurors took a lunch break, and continued to deliberate until around 5 p.m. on Friday.
The jurors returned to court on Monday, October 25 where they continued deliberations shortly after 9 a.m.
“They’ve been in discussions all morning, and now – about an hour in the afternoon – it’s just not that long of a time for the Court to make a decision to declare a mistrial in this case,” said Judge Flanders, adding that an Allen Charge would be appropriate. “I think it may be helpful to give them this charge because it does remind the jurors of the lengthy trial that they’ve been engaged in, and that while the deliberations may seem long to them, within the overall context of this case, they really are not.”
With no change in positions following that Charge, Judge Flanders granted a mistrial on Tuesday, October 26.
Judge Flanders explained to the defendants that the mistrial does not dispose of the charges, but it stops the trial.
“It is possible, and very likely that the case will be retried,” said Judge Flanders.
