Updated 12/15/2010 05:55 AM
Oxley trial ends with hung jury
It's a retrial that has lasted two months with dozens witnesses and seven days of deliberation. On Tuesday, the Wayne Oxley murder retrial ended in a hung jury and the jurors were dismissed. Wayne Oxley is accused of beating his neighbor, Bernard Trickey Jr., to death in 2005. He was convicted in 2006, but it was later overturned. Our Rachael Paradis has more on where the defense and prosecution go from here.
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ST. LAWRENCE COUNTY, N.Y. -- Wayne Oxley said, "I'm at a loss for words."
It wasn't the ending Wayne Oxley or District Attorney Nicole Duve was looking for.
A third and final note was given to the judge Tuesday afternoon that read, "We the jury, after further deliberating, still feel a unanimous decision is impossible."
Oxley said,"Craziness. Shouldn't have been a first trial, never mind a second one. A third one, craziness."
Wayne Oxley is accused of beating Bernard Trickey Jr. to death in 2005 with a baseball bat. He was convicted in 2006, but that was overturned. This retrial started back in October and the ten man, two woman jury sat through 98 witnesses.
But after more than 24 hours of deliberation and the jury coming forward three times to say they were deadlocked, the judge thanked and dismissed them.
Nicole Duve, SLC District Attorney, said, "I can tell you that by the amount of work that has gone into the case, there is some level of disappointment. But, by the same token, the process is set up the way it is for a reason. It works the way it does for a reason."
Oxley's lawyer feels the same. This is his second time representing Oxley, but since he has to run his own private practice, he doesn't think he'll be back for the third time.
Richard Manning, Oxley's lawyer, said, "It won't be me trying it. Twice is enough. Let some other lawyer look at it, maybe they can find something I didn't find."
However, one person who will be there is the District Attorney Nicole Duve, who is getting ready to start over.
Duve said, "Circumstantial cases can be proven and are proven every day. Part of what I'll be doing is assessing different aspects of our circumstantial case and making a decision on what to do next."
For the many supporters who have come with Oxley daily, the hung jury wasn't the best, but not the worst news. However, they say they want closure and an ending, too. That the nightmare will continue for them until Oxley is acquitted.
Oxley says he is ready to move on with his life and has maintained his innocence since day one. He says the Trickeys also deserve their justice.
Oxley said, "It's also hard on the Trickeys. The prosecution needs to find the right person. I gave them my condolences a few weeks ago and I did it five years ago."
For now, Oxley will remain out of jail on $75,000 bail, only to return at an unknown date for the third time around.