On Wednesday, a Hampshire Superior Court Jury jury declared a mistrial after failing to reach a verdict.
The jury weighed two weeks of testimony, looked at more than 100 pieces of evidence and could not come to a verdict.
Although disappointed prosecutor Steven Gagne wasted no time in saying this case is not over,”We certainly look forward to re-trying the case, we are fully committed to re-trying this case,” says Gagne.
So what’s the next step in the mistrial process?
Art Leavens is a law professor at Western New England University,”The case will have to be put on the trial schedule, I assume they’ll have some sort of status conference just to make sure everyone knows where they are and then the case will be put on the trial calendar,” says Leavens.
If defense attorney David Hoose remains on the case, because of his schedule, the re-trial may not take place until next year.
We don’t know how the jury was split in trying to reach its verdict , is there an advantage for either the prosecution or defense when a case is re-tried. Professor Leavens gives a slight edge to the defense,”It’s harder on the party with the burden of proof, they’ve been through it, they’ve exposed their case once, and so it’s a bit easier for the defense to prepare but I don’t want to overstate that of course the defense has also exposed its case,” says Leavens.
Meanwhile Cara Rintala is currently being held without the right to bail pending a bail hearing on Monday.
Could she be released on bail pending the next trial?
Art Leavens says that’s totally up to the judge.