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Kidnapping trial ends in hung jury; case may be retried


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A jury on Tuesday wasn't able to reach verdicts against a Simi Valley man who was accused of using a gun to threaten his wife, kidnap her and take her out into a remote desert two years ago.

Jurors told Ventura County Superior Court Judge Alan Steele that they were hopelessly deadlocked on the two felony counts — kidnapping and making criminal threats. Stewart faced as many as 30 years in prison if convicted.

The judge declared a mistrial and ordered a hearing on Aug. 14, when the District Attorney's Office will let the court know whether it plans to retry the case.

The jury heard evidence and testimony against James Stewart, 50, and received the case Thursday afternoon.

The jury forewoman told the judge Tuesday morning that the vote on the kidnapping charge was seven for guilty, four for not guilty and one undecided. On the criminal-threats charge, the vote was eight for guilty and four for not guilty.

Prosecutor Melissa Suttner indicated to the court that the district attorney plans to retry it, adding that she plans to submit evidence that was not used in this trial.

Stewart's lawyer, John McNamara, said in an interview that both sides were disappointed that there was no resolution to the case. He said prosecutors have to retry it within 30 days.

Stewart has been in custody on $1 million bail since his arrest in 2005.

Suttner told jurors last week during closing arguments that Stewart kidnapped his now ex-wife as she was going to work from her home at 5:30 a.m. on April 29, 2005.

Suttner told jurors that Stewart threatened Tracy Stewart and used a handgun to force her to get into the car and drive to the Lancaster area in the Antelope Valley in northern Los Angeles County.

The couple were going through divorce proceedings.

While in the car, Stewart allegedly fired the weapon so close to Tracy Stewart's head that he caused her eardrums to rupture, Suttner told jurors.

Stewart eventually let her drive back to Simi Valley but not before firing the gun in the middle of the desert, according to Suttner.

McNamara told jurors during his closing arguments that Tracy Stewart's story was not totally accurate.

McNamara told jurors that there was no evidence that his client used, handled or fired a gun on April 29.

He said police didn't find any evidence such as gunshot residue in the car or DNA or broken car glass or a bullet hole.

Discussions

Posted by AnnaWhaat on August 18, 2007 at 8:25 a.m. (Suggest removal)

Isnt this a pretty long time for this man to sit in jail.............? They need to get this case done with. If he is innocent then My gosh why has he had to sit in jail for about two years? Unreal!!



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