BY JASON KOTOWSKI Californian staff writer firstname.lastname@example.org
A second mistrial was declared Friday for a defendant accused of murder in the 2010 death of an 81-year-old woman.
The jury deadlocked in the second trial of Angelique Nash, although determining the jury's final vote is somewhat difficult. Defense attorney Fred Gagliardini said 10 jurors voted guilty, one not guilty and one was still undecided.
But since jurors can't ultimately remain undecided, Gagliardini said he's going to count the undecided vote as not guilty. The first trial of Nash ended 10-2, with 10 voting guilty.
"It seems like there's a small group of people who don't believe the theory of one of the prosecution's witnesses," Gagliardini said after the mistrial was declared.
He said Nash is disappointed in the verdict because she was hoping for some closure.
Nash's next hearing is scheduled for Wednesday. Deputy District Attorney David Wilson said he hasn't decided whether to try Nash a third time or offer another plea deal.
Wilson offered her a 15-year prison sentence before the second trial began. She refused.
There was some tension among jurors as they deliberated. Wilson said one juror apparently flat-out refused to change her mind or even discuss the possibility of another viewpoint.
Floyd Nash, father of Angelique Nash, said he thought this jury was better than the first one, and he believes the members paid attention and carefully considered the case. Jury deliberations began Wednesday afternoon and ended shortly after 2:30 p.m. Friday.
He said his daughter is still scared because she knows she has to go through the whole process again.
Nash, 19, is the final defendant in a case that horrified local residents because of the badly beaten condition victim Dorothy Session was left in at her east Bakersfield home on April 14, 2010.
Wilson has said Nash, her sister Katila, and David Deshawn Moses were looking for an empty home to burglarize and thought they had found one when they came upon Session's residence in the 1500 block of Camino Sierra. Wilson said they unexpectedly found Session home, and Moses beat her because they didn't want to leave a witness.
Gagliardini has argued his client never entered the Session home and didn't realize Moses intended to burglarize it. He has said Angelique Nash simply went along with Moses that day because Moses told her he knew a friend who could get them marijuana.
Wilson has said Angelique Nash was acting as a lookout to make sure no one came along and surprised the other defendants as they burglarized Session's home. He said both Moses and Katila Nash told police they went to Session's home to steal items.
Session has been described as a devout member of First Freewill Baptist Church for 56 years, someone who enjoyed gardening and baking cookies for schools and other widows like herself. She ran errands and cooked meals for shut-ins in her neighborhood.
Moses was sentenced to life without the possibility of parole, and Katila Nash received a 25-years-to-life sentence after a jury found them guilty in late September. Moses was 17 years old and Katila Nash was 15 at the time of Session's death.