ISRAEL OWENS - 3 yo (2010) - Birmingham AL

BIRMINGHAM, Ala. -- A Jefferson County judge declared a mistrial
today in a capital case over a 3-year-old child's death, with the split
jury favoring an acquittal, Marcus Earl Smith's defense lawyer said.
No
new trial date has been set for Smith in the Oct. 17, 2010, death of
Israel Owens, which a county pathologist attributed to child abuse.
Israel
and his mother had been living with Smith for about four months. The
night he died he was with Smith, who was working overnight at UAB Health
System. Israel's mother also was at work and no babysitter was
available.
Israel, who was one month from his fourth birthday,
died after a blow or sustained pressure caused his heart to rupture,
testimony showed.
Defense lawyers Darryl Bender and Debra
Weston-Pickens argued Smith was innocent and Israel died of improperly
applied CPR during rescue efforts after the child threw up and passed
out.
Israel also had 47 wounds outside his body and internal
tearing that all were old enough to have healed and formed scars,
testified a county pathologist. The defense said those wounds predated
when Smith entered the child's life.
Smith, who has been in jail
awaiting trial since his arrest, was tried last week on a capital charge
that he intentionally killed a child. The jury also was allowed to
consider lesser charges of felony reckless manslaughter and misdemeanor
criminally negligent homicide.
After deliberating nearly 15 hours
since late last week, the jury told Circuit Judge Teresa Pulliam this
morning it was hopelessly deadlocked.
Ten jurors voted for an acquittal, and two for the misdemeanor charge, Bender said.

http://blog.al.com/spotnews/2012/04/judge_declares_mistrial_in_cap.html