Prosecutors were considering Friday whether to make a third attempt to convict M.K. Fadel, Centerville, on cocaine charges, after a U.S. District Court jury deadlocked in the case.
The first attempt ended in July 1987, when U.S. District Judge Bruce S. Jenkins dismissed charges, saying there was no showing Fadel was predisposed to commit the crimes charged - conspiracy to possess and distribute cocaine, and two counts of distributing cocaine.Fadel claimed he was a victim of government entrapment by Kay Sugar, a women with whom he had been intimate and who became a confidential informant.
However, this spring the U.S. 10th Circuit Court of Appeals, Denver, reinstated the charges, and a new trial began in August.
It went to the jury Monday. About 9:45 p.m. Thursday, after many hours of deliberation over four days, the jury told Jenkins it could not reach a verdict.
Jenkins dismissed the panel and said he would set the matter for a status report. By then, prosecutors should have decided whether to go ahead with a third try.