Juror chats prompt mistrial in Philly murder case

PHILADELPHIA (AP) - March 20, 2010

The ruling Friday by Common Pleas Court Judge Steven Geroff means a new trial for Comoniti Thomas, 22, who is charged with killing 17-year-old Vincent Thomas, to whom he was not related, and 20-year-old Latisha Barber in April 2006 and trying to kill 25-year-old Brian Ruffin.

Prosecutors allege that Vincent Thomas and Ruffin were the defendant's partners in a Northeast Philadelphia crack ring, and he decided to eliminate them.

Jurors are barred from discussing a case until the judge provides legal instructions and tells them to begin deliberating. Geroff said he was not considering disciplining the jurors involved.

Assistant District Attorney Eileen Hurley argued against a mistrial, saying each juror had said that he or she could be fair to the defendant.

"I have no choice," Geroff said, noting the time attorneys had spent on the case. "Nobody is happy about this. But so be it."

The judge said several jurors had, early in the trial, said they believed the defendant to be guilty, while others had commented on the credibility of witnesses or evidence.

"I feel so bad for the families," Hurley said. "They have been through this for two weeks and now have to go through it all over again."

Geroff set a new trial date in July but conceded that a delay was likely because the defendant has requested new court-appointed attorneys.

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