Is the District Attorney’s Office going to try again after the mistrial with Petey Henthorne, the man accused of assaulting a baby?
— Sara, Medford
As you remember, Sara, the April trial of Petey Ray Henthorne on charges of first-degree assault and first-degree criminal mistreatment was declared a mistrial after jurors couldn’t agree on a verdict.
Under Oregon law, at least 10 of the 12 jurors had to agree.
During deliberations, jurors sent a note to the court saying, “We are split 6-5 and nobody is budging,” according to a court document posted later.
The note doesn’t say the view of the majority, and doesn’t explain why a 12th juror was not part of the split vote.
The evening the mistrial was declared, Senior Deputy District Attorney Terry Smith-Norton, the prosecutor in the case, said she would try again.
Based on court records, the District Attorney’s Office is prosecuting the case again.
Henthorne has a new trial scheduled for five to seven days beginning Sept. 25 in Jackson County Circuit Court.
His April trial was scheduled as a three-day trial but went into a fourth day.
The prosecution argued Henthorne lost his temper and assaulted a foster baby left in his care March 24, 2015, while other members of the household were out running errands and fishing. A photo of the 1-year-old taken earlier in the day showed him uninjured and able to hold his head up.
The baby’s injuries included broken ribs, bruises under both sides of his chin indicating he had been strangled, ligature marks on his neck, bruising and marks on all sides of his face and head, retinal bleeding, brain bleeding and bruising inside his…
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