Judge declares mistrial in Burrow case

CHARLOTTESVILLE — The fraud trial of Richard Burrow has ended in a mistrial for the second time. Judge James Turk declared a mistrial shortly after 4 p.m. today, capping a day when the jury repeatedly reported it was deadlocked on a verdict.

On Wednesday morning, jurors in the second federal fraud trial of the former National D-Day Memorial foundation president  told the judge in the case today that they were "going backwards" and not making any progress reaching a verdict.

That's a marked difference from Tuesday, when jurors told Judge James Turk that they were making progress in the case before they left for the night.

The indication from jurors that they are having problems reaching a verdict in the case is reminiscent of Burrow first trial. That trial, which took place in December 2002, resulted in a hung jury. Jurors in that case voted 7 to 5 in favor of acquittal.

Burrow, 57, is on trial on eight counts of fraud in connection with his work at the monument.

Turk also asked jurors if they had reached agreement on any of the charges in the case. One juror told him that they initially had, but indicated that they were no longer in agreement any of the charges.

Turk asked them to go back and reconsider the evidence in the case and try to reach a verdict, as judges typically do when a jury indicates it might be deadlocked.

The jury deliberated for about seven hours Tuesday and about two and a half hours Wednesday before letting the judge know they were not making any progress in the case.

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