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2nd Mistrial Declared for Officer in Robberies : Courts: Defendant says the case was filed because he testified before the Christopher Commission. Prosecutors are weighing a third trial.

May 21, 1993|ANDREA FORD | TIMES STAFF WRITER

A mistrial was declared Thursday in the case of a Los Angeles police officer who was accused in the robberies of two check-cashing stores.

The jury split 10 to 2 in favor of convicting Officer Bobby Rydell Marshall on three of the six counts against him. It deadlocked 11 to 1 on the remaining charges.

It is the second time a jury has been unable to reach a unanimous decision against Marshall. He contends that the charges against him were filed in retaliation for his public criticism of the Los Angeles Police Department and testimony he gave to the Christopher Commission, the panel that reviewed the Police Department after the beating of Rodney G. King.

Marshall and his wife were indicted last year for allegedly conspiring with Gregory Sims, who was in prison at the time, to rob the Any Kind check-cashing outlets three years earlier.

In August, after a six-week trial, a jury deadlocked in the case but most jurors favored acquittal. Before the case went to that jury, a judge acquitted Marshall's wife.

"I think a hung jury is the best thing the D.A. can hope for in this corrupt, racist case," Marshall said in an interview after the second mistrial was declared.

Marshall is scheduled to be back in court Thursday. At that time, the prosecution will decide whether he will be tried for a third time, said Sandi Gibbons, spokeswoman for the district attorney's office.

"We have tried cases numerous times up to three or four times," if the jury split strongly favors conviction, Gibbons said. "That's not to say that will be the final determination in this case."

Sims, who is serving a sentence for one of the robberies, was granted immunity from prosecution in the second trial in exchange for his testimony against the Marshalls.

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