Update: Gallatin County judge declares mistrial in stabbing case
Updated On: Mar 08 2013 06:25:38 PM MST
After speaking with prosecutors, defense and the jury, Judge John Brown declared a mistrial in the case of Mark Paul Logan, accused of stabbing another man outside of a Gallatin County bar in 2011.
Jurors were unable to reach a verdict Friday afternoon, after two days of deliberations.
Brown tells NBC Montana he had to release two jurors Friday morning, for doing outside research.
Brown tells us one of the jurors was the foreman. Two alternate jurors joined the group but Brown says the jury basically started from scratch.
One of the jury's first orders of business was submitting six questions to the judge. Brown says he was unable to answer the questions and referred jurors to their instructions.
The jury spent all afternoon and evening, Thursday, in closed-door deliberations.
We spoke to defense attorneys after the judge dismissed the jury.
They tell us they're not too surprised since the jury had already deliberated for over eight hours, Thursday.
Defense counselors tell me it's unfortunate their client Mark Paul Logan has been in jail as long as he has and say, due to his financial situation he'll likely remain in jail until the state decides whether to try Logan again.
"I would like to see this case dismissed in the interest of justice because, as I said, after approximately 14 hours of deliberation, the jury was unable to reach a unanimous verdict, which to me, tells me the state did not meet its burden of proving every element of the offense beyond a reasonable doubt," says Assistant Public Defender Eric Brewer.
We reached out to prosecutors but didn't hear back from them by news time.
The alleged incident happened back in 2011.
Witnesses say a wedding party was at a Gallatin Gateway bar celebrating, when an altercation broke out between them and another group.
That's when prosecutors say Mark Paul Logan pulled out a hunting knife and stabbed one of the men in the wedding party six times then fled.
Logan has a previous conviction for second degree manslaughter for stabbing a co-worker to death in Kentucky in 1998.
Logan's next hearing is set for the beginning of April.