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UPDATE! Judge Declares Mistrial in Schmitz Trial

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UPDATE!  DECATUR, Ala.- The jury unable to reach a verdict in the federal fraud trial of state Rep. Sue Schmitz was split 11 to 1 for conviction.

The lone holdout, Earl Jordan of Huntsville, told The Birmingham News he didn't think the 63-year-old Schmitz intended to commit fraud. Jordan also said he didn't believe Schmitz received enough direction from supervisors.

U.S. District Judge David Proctor declared a mistrial at Decatur Monday after jurors had deliberated for 24 hours over four days. Jurors had sent Proctor three notes saying they were deadlocked.

Schmitz, a Democrat from Topney, was accused of using her political position to obtain a job with a 2-year-college system program and then rarely showing up for work.

Web Producer- Brett Haas

DECATUR, Ala. (WAAY) -- The fraud trial of a Toney state representative was declared a mistrial Monday afternoon after a jury could not vote unanimously on any counts.

The jury sent U.S. District Judge David Proctor a note Monday, saying it could NOT reach a decision. Procter then talked to lawyers on both sides and decided to declare a mistrial.

Proctor spoke to the panel earlier Monday and gave them additional instructions as they began their fourth day of deliberations.

Jurors sent Proctor two notes last week saying they were deadlocked.

The judge said that in light of notes from jury members, he is to be told immediately if any members fail or refuse to participate in the deliberations.

Schmitz is accused of getting $177,000 from a "no work" job in the two-year college system.

Assistant U.S. Attorney William Athanas said the prosecution intends to bring the case to trial again.

Web Editor: Dana Franks

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