Prentice case ends in mistrial a second time

A jury has deadlocked for the second time in the trial of Donna Prentice, the woman accused of murdering her 4-year-old daughter Michelle in Huntington Beach in 1969.

The jury informed Judge Richard King Monday afternoon that they were unable to reach a unanimous decision of second-degree murder.

After deadlocking at 11-1 on the murder charge, the jury was unable to pursue a lesser charge of involuntary manslaughter, the court said

The announcement came after more than a week of exceptional deliberations by the seven-woman, five-man jury, in which the judge was asked several questions about the various charges. One juror even asked for additional argument by the lawyers.

Deputy District Attorney Larry Yellin said the request would be nearly unprecedented if it was permitted, adding that it may have been the first time such a decision was made in Orange County.

He said he plans to pursue a third trial of Prentice; the judge has scheduled a hearing Monday to make a decision on whether to move the case forward.

A seven-woman, five-man jury deliberated for nearly eight days before informing Orange County Superior Court Judge Richard M. King that they were deadlocked 11 to 1 in favor of acquitting Donna Prentice on a second-degree murder charge.

The jury was deadlocked 7 to 5 in favor of guilt on a lesser charge of involuntary manslaughter. Prentice’s first murder trial in 2007 also ended in a mistrial when the jury deadlocked 10 to 2 for conviction.

In 2007, the first trial’s jury deadlocked 10-2 in making a conviction.

Deputy Dist. Atty. Larry Yellin, who also prosecuted the first trial, said he plans to seek a third.

A hearing is scheduled for Monday morning to consider dismissing the case or setting dates for a third trial.