SHOOTOUT JURY TOLD TO TRY AGAIN.

Byline: Troy Anderson Staff Writer

After deliberating nearly three days, jurors in the 1997 North Hollywood bank robbery shootout trial declared Wednesday that they were deadlocked, but the judge ordered them to try again.

Jurors were expected to continue deliberating today on whether police deliberately allowed bank robber Emil Matasareanu to bleed to death after the chaotic shootout Feb. 28, 1997.

``You have a duty to reach a unanimous verdict, if you can do so without violating your conscience,'' U.S. District Judge Christina A. Snyder told the tired six-man, six-woman jury.

In federal civil trials, the jury must reach a unanimous verdict. The jurors' announcement of a deadlock came after they had reviewed five hours of testimony read back over two days to refresh their recollections.

``Regretfully, the jury is unable to reach a unanimous verdict,'' jury foreman Wallace Flueckiger wrote in a note to the judge. ``Each of us has reviewed the evidence and all jurors have engaged in vigorous discussions. We all agree that additional deliberations will be of no use.''

Assistant City Attorney Donald Vincent, who represents former police Officer James Vojtecky, asked Snyder to order that deliberations resume.

The lawsuit against the city and retired Officers John Futrell and Vojtecky claims the officers let Matasareanu, 30, die as a result of deliberate indifference.

Outside court, Vincent said he asked the judge to send the jury back for deliberations because he believes that will lead to a verdict in favor of Vojtecky and Futrell.

``I thought with greater deliberation, they may come around,'' he said.

Attorney Stephen Yagman, who filed the lawsuit on behalf of Matasareanu's children, said he didn't want the jury to continue deliberating, and that he would seek another trial if the jury is deadlocked.

``If there is a hung jury, there is no question I'll try the case again,'' Yagman said.

Bradley C. Gage, the attorney representing Futrell, said he's confident the jury will find in his client's favor, but that the trial's expenses have devastated Futrell financially.

``He had to spend all his college savings for his children, and he's not able to stay at the home he's in. He's been unable to work during this trial,'' he said.

During the shootout, officers took on the two gunmen in a rolling gunbattle on streets around a Bank of America. Eleven officers and six civilians were wounded, and the other robber, 26-year-old Larry Phillips Jr. shot himself amid a hailstorm of bullets.

Police have insisted they did not know at the time whether there were more gunmen, so the area was too dangerous to allow paramedics in to render medical aid for Matasareanu, who lay bleeding in the street.

Both officers testified they tried to get the ambulance to come, but Yagman focused on Futrell's cancellation of an ambulance call.

A resident testified that a third masked gunman with a machine gun hid in her yard during the gunbattle, although police contend there were only two gunmen.