2nd mistrial declared in McConaughey surf battle

US actor Matthew McConaughey, during a promotional event to launch a scent by Italian designers Dolce and Gabbana, in Milan, Italy, Friday, June 18, 2010. (AP Photo/Antonio Calanni)

June 19, 2010 6:32:47 PM PDT
A judge has declared a mistrial for a second time in a misdemeanor battery case against two surfers accused of attacking a photographer who tried to photograph actor Matthew McConaughey on a Malibu beach.

Jurors deadlocked Friday in the case against Skylar Peak and Philip Hildebrand.

Malibu Superior Court Judge Lawrence Mira ordered both sides to return to court July 2 when the prosecution is expected to announce whether it plans to retry the case.

The judge declared the first mistrial March 29 after being told that Peak's mother was seriously injured in a car crash.

The photographer told authorities he was attacked and his camera thrown in the ocean when he tried to take photos of the "Fool's Gold" and "Failure to Launch" star.