Jurors fail to decide fate of killer

Thursday, June 9, 2005 | 11:04 a.m.

The jury deciding whether Beau Maestas should be put to death is deadlocked.

After roughly six hours of deliberation the jury's forewoman told District Judge Donald Mosley on Wednesday afternoon "at this moment, sir, we are hung."

Maestas previously pleaded guilty to one count each of murder, attempted murder and burglary, all with use of a deadly weapon for killing 3-year-old Kristyanna Cowan and stabbing and leaving her half-sister Brittney Bergeron paralyzed.

No mistrial was declared, however. Mosley gave the jurors a new legal instruction to consider and told them to continue deliberating. The jury continued deliberating for less than an hour before being sent home.

If the jury remains deadlocked and Mosley declares a mistrial, either a new jury will be selected for a new penalty hearing or the prosecutors and Maestas' attorneys could stipulate to a sentence of life in prison without the possibility of parole.

The second scenario is improbable because prosecutors would most likely not stipulate to the sentence unless Maestas waives his right to appeal.

The forewoman, a college student who during jury selection indicated she was interested in becoming a lawyer or judge, gave no indication as to what sentence the jury was deadlocked on or what the numbers for or against the sentence were.

The 12 jurors were scheduled to continue deliberations this morning to determine whether Maestas will receive death, life in prison without the possibility of parole, life in prison with the possibility of parole or a set term of 40 to 100 years in prison.

Previously, if a jury was deadlocked during a death penalty case in Nevada, a three-judge panel was created to determine sentencing, but in 2002 the U.S. Supreme Court ruled the death penalty should be applied only by a jury.

Mosley called the new jury instruction he gave to the jurors "a reminder more than anything else."

"The verdict must represent the considered judgment of each juror," the new instruction reads. "In order to return a verdict, it is necessary that each juror agree thereto. Your verdict must be unanimous. It is your duty, as jurors, to consult with one another and to deliberate with a view to reaching an agreement, if you can do so without violence to individual judgment."

"Each of you must decide the case for yourself, but do so only after an impartial consideration of the evidence with your fellow jurors. In the course of your deliberations, do not hesitate to re-examine your own views and change your opinion if convinced it is erroneous. But do not surrender your honest conviction as to the weight or effect of evidence solely because of the opinion of your fellow jurors, or for the purpose of returning a verdict."