Judge to ponder mistrial in temple killings case

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By Catherine Holland By Catherine Holland

PHOENIX (AP) -- Jurors are to return to court in the retrial of a man charged with killing nine people at a suburban Phoenix Buddhist temple in 1991.

After several stops and starts over seven days of deliberations, the judge says he will decide Thursday morning whether to declare a mistrial in the case of Johnathan A. Doody.

Jurors told the judge Wednesday they were at an impasse because one juror refuses to follow instructions.

"I think further deliberations or further attempts instructing this jury would be futile at this time," said Maria Schaffer, Doody's attorney. "It's time for a mistrial to be declared and for everybody to move on."

Last week, the judge considered declaring a mistrial after jurors told him the same juror was refusing to participate. She said she had already made up her mind. The judge ordered the jury to continue deliberating.

Doody was convicted in 1993 and sentenced to 281 years in prison. An appeals court overturned his conviction, ruling that he wasn't properly read his rights.