Prosecutors Vow to Retry Brandon McInerney

Prosecutors will retry the case of Brandon McInerney. This time they may not try him as an adult.

"We will consider the fact that this was a very significantly split jury. We will consider everything," said Chief Asst. Dist. Atty. Jim Ellison. "There are obviously very strong reactions on both sides, and we will consider all those in how we proceed."

Jurors on Thursday said they were deadlocked on a verdict, with seven favoring a voluntary-manslaughter conviction and five pushing for first- or second-degree murder. The jurors, who have not spoken to the media about the deliberations, told defense attorneys that they did not believe the killing amounted to a hate crime.

Prosecutors on Friday disagreed and said they continue to believe the killing was motivated by victim Larry King's sexual preference. They also said they believe that McInerney was lying in wait to kill King, an allegation that automatically qualifies him to be tried as an adult, Ellison said.

Laurie Levenson, a Loyola law professor and former federal prosecutor, said it was possible that jurors thought the charges were too harsh.

"Jurors felt prosecutors overcharged, and they were clearly not comfortable putting the boy away for life. They probably believed the dynamic between two adolescent boys is not the same as two adults,"  Levenson said.

 More to come.

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