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11-1 JURY VOTE BRINGS MISTRIAL IN LANCASTER SLAYING.


Byline: KAREN MAESHIRO Staff Writer

LANCASTER -- A mistrial A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be  has been declared in the case of a 22-year-old Palmdale man accused of murdering an Orange County construction worker in November 2001.

Antelope Valley This article is about the Los Angeles County region. For the census-designated place in Wyoming, see Antelope Valley-Crestview, Wyoming.

The Antelope Valley
 Superior Court jurors deadlocked dead·lock  
n.
1. A standstill resulting from the opposition of two unrelenting forces or factions.

2. Sports A tied score.

3.
 11-1 in favor of convicting Victor Ortega Victor Ortega is a video game character in Capcom's Slam Masters series. , who was 17 when the slaying occurred. A retrial retrial n. a new trial granted upon the motion of the losing party, based on obvious error, bias or newly-discovered evidence. (See: newly-discovered evidence)  is scheduled for Aug. 18.

The mistrial was declared Friday after jurors deliberated for about three days. The jury convicted Ortega of a drug charge before deadlocking on the murder charge, officials said.

Ortega is accused of murdering David Rivera, 25, of Santa Ana Santa Ana, city, El Salvador
Santa Ana (sän'tä ä`nä), city (1993 pop. 129,873), W El Salvador. It is the second largest city in the country and the commercial and processing center for a sugarcane, coffee, and cattle region.
, whose body was in an alley behind the 300 block of East Palmdale Boulevard on Nov. 10, 2001.

Under Proposition 21, prosecutors were permitted to charge Ortega as an adult. He also was charged with committing the killing during a robbery, a special circumstance that could have made him eligible for the death penalty if he had been 18 or older at the time.

The prosecutor prosecutor

Government attorney who presents the state's case against the defendant in a criminal prosecution. In some countries (France, Japan), public prosecution is carried out by a single office. In the U.S., states and counties have their own prosecutors.
 and defense attorney could not be reached Monday for comment. One of Ortega's previous attorneys had said Ortega was at the home of friends when the shooting occurred.

Ortega and Rivera met the night before Rivera was found dead in the alley and had been drinking together and with others, authorities said. They had met at Palmdale motel room rented by a woman who lives in Ortega's neighborhood, officials said.

The woman testified at a preliminary hearing in 2002 that she saw Ortega and the victim walking down a dark alley and five minutes later heard a gunshot in the general direction of the alley, officials said.

An autopsy indicated Rivera was shot in the head. His wallet and jacket were taken.

Rivera, his brother and a friend were staying in the Palmdale area and had been working on the Wal-Mart store being built in east Palmdale, officials said.

karen.maeshiro(at)dailynews.com

(661) 267-5744
COPYRIGHT 2006 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Aug 1, 2006
Words:318
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