Verdict cannot be reached in a criminal case.
Online PR News – 29-October-2013 – Oklahoma City – OKLAHOMA CITY, OK – Attorneys Mark Bailey and Hayley Potts of M.K. Bailey Law Offices recently tried the case of State of Oklahoma v. Bingley. Jeffrey Dale Bingley was charged with one count each of Manufacturing Child Pornography, Child Sexual Abuse and Forcible Oral Sodomy based on allegations originating in both Oklahoma and LeFlore Counties. Earlier in 2013, Bingley was convicted of related charges in LeFlore County, with different counsel. That case is currently on appeal to the Oklahoma Court of Criminal Appeals. However, on Monday, Oct. 21, 2013, Bailey and Potts began Bingley's Oklahoma County trial before the Honorable Judge Deason. After less than one day of testimony, the District Attorney rested. After less than two days, the jury was sent to deliberate and return with a verdict.
The jury deliberated for almost as long as the trial evidence was presented. After nearly 11 hours, the jury notified Deason that a verdict could not be reached. Deason declared a mistrial based on a hung jury. Although Bingley's LeFlore County convictions stand, Bailey and Potts were effectively able to question the State's evidence in meeting the burden of proof.
"The State was represented by two very skilled prosecutors who did an excellent job presenting their case to the jury," said Bailey. "In the end, however, the jury could not unanimously agree that the State had met its burden to sustain a conviction."
"After a long deliberation, it is evident that the jurors voted with their conscience as their civic duty requires," said Potts.
The State may pursue another case against Bingley.
"I anticipate the State will elect to retry Mr. Bingley, as jeopardy does not attach in the case of a mistrial due to a hung jury," said Bailey.
About M.K. Bailey Law Offices: M.K. Bailey Law Offices (http://lawofficesoklahoma.com) is a full-service law firm in Oklahoma City, Okla. providing both criminal defense and civil litigation legal representation for clients in Oklahoma, Texas, and Kansas. The firm also handles juvenile crimes, personal injury and workers' compensation cases. For more than 20 years, M.K. Bailey attorneys have created strong defenses by custom-tailoring legal strategies to their clients' individual needs.