Mistrial declared in case of former stripper, boyfriend accused of murder

David B. Frank

Case Conclusion Date:June 13, 2011

Practice Area:Criminal Defense

Outcome:Mistrial

Description:A judge declared a mistrial Monday after a Travis County jury reported being hopelessly deadlocked on whether a former stripper and her boyfriend committed murder or aggravated robbery in the death of a strip club patron last year. The Defendant, 23, had been accused of killing Elmore Allen, 49, after he left the Hot Bodies Gentlemen's Club. Counsel argued that the Defendant struck Allen to protect his girlfriend from an impending sexual assault. The jury deliberated for three hours Friday and close to eight hours Monday. The foreman first reported that the panel was split 7-5 in the early afternoon, and despite state District Judge Bob Perkins' encouragement that they reach a verdict, the jury foreman later reported it was hopeless. "It is our firm belief that this decision is final and will not change without a surrender of our conscientious convictions," the foreman wrote in a note read by Perkins in court. Prosecutor Kathryn Scales said prosecutors would further evaluate the case before deciding whether to proceed to trial again. One woman seated with the defendants' supporters cried. Defense lawyer David Frank said the decision shows weaknesses in the state's case. Jurors told them the split was 7-5 in favor of acquittal.

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