Juror says Brent Burke jury was evenly split

By Elizabeth Donatelli - bio | email

ELIZABETHTOWN, KY (WAVE) - His fate was in the hands of 12 men and women, but they couldn't agree on a verdict so the judge declared a mistrial. Now Brent Burke, the former Fort Campbell soldier who was on trial for shooting and killing his estranged wife and her former mother-in-law, may have to face jurors a fourth time.

Late Tuesday night the judge declared a mistrial after it was clear there wouldn't be a verdict. Burke returned to the Hardin County Detention Center on a $2 million full-cash bond.

Burke's attorney, Chris Davenport, says he plans to file a motion to reduce his bond.

Jurors started deliberating the case at 12:30 p.m. Sept. 14. They came back into the courtroom several times to ask questions and review evidence. The fourth time jurors returned, they passed a note to the judge, who asked them to try again to reach a verdict.

By 10:30 p.m. it was apparent there was a hung jury and the judge declared it a mistrial.

Juror Brad Carden says said half the jury walked into deliberations planning to convict, while the others wanted to acquit - and nobody changed sides.

Carden says nothing would have changed if they had reconvened the next morning.

Burke's family had no comment, but his attorney said he's disappointed.

"He's frustrated," said Burke's attorney David Broderick. "This is a disappointing situation. You certainly want a decision in the case. We thought we put on a very good case."

The parties are set to go back to court Oct. 19th for a number of motions. That's when we expect them to set a trial date; however, Commonwealth's Attorney Chris Shaw, left through the back door after the mistrial was declared Tuesday and we have been unable to confirm with him that there will be a new trial.

Copyright 2010 WAVE News. All rights reserved.