Keith Morrison

Would we have had a case if Mr. Jennings had not made those statements?

Correct.

I can't speculate on that.

There's no way you'd have a case.

I will have to say his statements were very important.

They were pivotal in this case.

The trial lasted six weeks.

And then it went to the jury.

I never take juries for granted.

It comes back to the old adage.

You know what you say, but you don't know what they hear.

How very true.

Four days went by.

No word from behind the jury's closed door.

And then April 28th, 2008, they all filed into the courtroom and the foreperson stood up and told the judge they could not get beyond nine to three for conviction.

The judge declared a mistrial.

Here's Mike O'Keefe.

The foreman came to us right after the trial, you know, and apologized, and he goes, look, I thought he was guilty.

Yeah.

I felt pretty strongly about it, and he said, of the three that had voted not guilty, he said, I felt like two of them could easily have been swayed, but there was one individual who had a bad dream, of all things.