Mark Giancola Defense Lawyer

Hung Jury Causes Mistrial In Compex Assault Case

December 6, 2011
After four days of testimony, and three days of jury deliberation, a mistrial was declared in the First Degree Felony Assault case of Andrew Hagen. Hagen, a 22 year old Cottage Grove resident was charged with felony assault charges after defending himself from an attack at a house party in November 2011. Hagen, in an ironic twist, was ultimately charged with a crime because his attacker, Anthony Robinson, struck his head and sustained a serious brain injury.

Rory P. Durkin, a partner in the firm of Giancola-Durkin, P.A., represented Hagen at trial. Durkin, who handles criminal cases in both state and federal court, entered a plea of not guilty on behalf of Hagen claiming that Hagen acted in self-defense because Robinson had been tormenting him for several hours. Hagen refused to plead guilty; he demanded a trial by jury. As a result, the prosecution amended the Complaint, and added the more serious charge of Assault in the First Degree (requiring 86 months in prison if convicted) the day before the original trial was scheduled to begin.

"This was an awesome result," Durkin commented. "Especially since the prosecution was so sure that they would obtain a conviction. I'll take a hung jury any day."

This is Durkin's second mistrial because of a hung jury.

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