Try, Try Again

The courts are determined to make a 10-year-old murder charge stick

To hear the juror who called City Pages at the conclusion of the trial tell it, the testimony itself might have ended in a not-guilty verdict if it weren't for one last controversial move: At the trial's conclusion, Judge Mabley told the jurors that they could find Ferguson guilty if they believed he had aided or abetted the shooter. Even the prosecutor conceded that there was no testimony placing the gun in Ferguson's hands, the juror said, while there was plenty of evidence that a half-dozen other alleged Bloods fitting Ferguson's general description and sharing his presumed motive were at the scene. But for the two holdouts, the gang enhancement testimony had proven persuasive enough.

After the jurors were excused, a date was set for the first hearing in Ferguson's third trial, angering at least one juror. "How many times can they bring this case to trial?" the juror says. "This is going to take me a long time to accept, that this was a hung jury."

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