January 14, 2011
WILKES-BARRE, Pa. — A northeastern Pennsylvania judge has declared a mistrial on some counts in the case of a man accused of causing the death of his girlfriend's 1-year-old daughter.
Luzerne County Judge Tina Polachek Gartley halted deliberations Friday in the capital murder trial of 37-year-old Lamont Cherry after learning that one juror did online research about an injury suffered by Zalayia McCloe in May 2009.
The jury had already acquitted Cherry of first-degree murder. Gartley allowed that verdict to stand, but dismissed the jury before it could reach a decision on the remaining counts of third-degree murder and involuntary manslaughter.
Prosecution witnesses had testified that retinal detachment is a symptom of shaken baby syndrome. Cherry denied shaking or striking the child when he testified in his own defense.
The jury had already acquitted Cherry of first-degree murder. Gartley allowed that verdict to stand, but dismissed the jury before it could reach a decision on the remaining counts of third-degree murder and involuntary manslaughter.
Prosecution witnesses had testified that retinal detachment is a symptom of shaken baby syndrome. Cherry denied shaking or striking the child when he testified in his own defense.
http://www.centredaily.com/2011/01/14/2454593/judge-halts-deliberations-in-pa.html
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