When we left you last night, a jury of 12 was deliberating the fate of 23 year-old Warren Lewis and 26 year-old Cordel Flores, who were on trial for the August 2009 murder of 22 year-old Alberto Allen.
This was the men's second trial because in 2013, an allegation emerged that a juror acted inappropriately in their March 2013 trial. The juror reportedly passed an improper comment that the men had a winning case even before all the evidence was presented. It was ruled at that time that the jury panel may have been pre-judging the case before hearing all the facts.
So, last night after being on remand for 5 and a half years, 2 years more because of that one juror, the men, their families, and the state was finally ready to get their case over with. So, after an entire day of case summation from Justice Troadio Gonzalez, and hours of being locked away for deliberation, the jury returned shortly after 9 p.m. announcing that Cordel Flores was innocent, and that they could not decide either way in relation to Warren Lewis.
Our 7News team was at the court around 9:15 pm when the verdict came out, and Daniel Ortiz reports:
Daniel Ortiz reporting
26 year-old Cordel Flores, who has been on remand for 5 a half years, walked out of court a free man last night after being acquitted of murder by the jury which deliberated for almost 5 hours.
His family member was obviously overjoyed that he was finally free. His attorney says that the prosecution's case was circumstantial and failed to establish beyond reasonable doubt that Flores participated in the gruesome murder of 22 year-old Alberto Allen.
Alifa Elrington-Hyde - Attorney for Cordel Flores
"It was always my belief from the beginning of this matter, that this matter should never have passed PI. But often times, this is the difficulty where persons are unable to retain counsel upon the arrest of a murder charge, that would assist them from arrest on to indictment and then trial. I believe had this matter been looked at, at the magistrate court under PI, it would have been evident from the documentation presented by the crown, that there, wasn't sufficient evidence to support a case for murder. The wealth of the prosecution case against Cordel Flores was that he was jointly liable for the death of Alberto Allen, because he was found in a vehicle with someone who confessed or alleged to have confessed to killing Alberto Allen and they found what they are saying was blood on his fingers and the blood was consistent with that of Alberto Allen. What was the role that Cordel Flores played? And the prosecution was not able to establish that and that will be a question for any jury. If you are saying that these persons did it jointly, you have to give me more than they found him in a car. And while it is that Cordel Flores gave a statement from the dock, his statement was a plausible one. His statement was one, where, look, I met this young man on Jane Usher Boulevard and he gave me a ride. There was nothing the prosecution could have put forward to challenge that."
The Jury wasn't so sure about 23 year-old Warren Lewis. The evidence against him was much more compelling.
Police had an oral confession and a written statement against him in which he is recorded as confessing that he shot Alberto Allen in the back, and when he didn't die, he, Lewis, then slit his throat and rammed a stick down his mouth.
The jury was deadlocked even after almost 5 hours of deliberation and they could not all agree that he was either innocent or guilty.
His legal aid attorney, who was assigned to the case with short notice, says that because the jury couldn't convict, it's still a victory for Lewis.
Oscar Selgado - Attorney for Warren Lewis
"I am very satisfied that, first, Warren Lewis had a fair trial. I am satisfied that the defense was able to cause serious doubt in the prosecution's case. The case was so tenuous, after the defense cross examined the main witnessed for the prosecution, that the jury, having considered all the evidence were not satisfied that the prosecution had establish its case beyond a reasonable doubt. On the other hand, there will be those who will say well, at the same time, they did not acquit Warren Lewis. That may be so, but they did not convict him and that is important, that he was not convicted, that there was a hung jury, the jury could not make a determination, a unanimous decision for murder as required. Having been sequestered for more than 4 hours, almost 5 hours."
So, Warren Lewis remains on remand and will have to be retried once again.
Oscar Selgado - Attorney for Warren Lewis
"I'd advised Warren Lewis that the alternative now, the other thing to happen, that may happen is that the Director of Public Prosecutions may see it fit to re-lay charges against Warren Lewis and bring a new trial to the courts. If that is so, I am also prepared to defend Warren Lewis in the new charge, because I think that I am in a position where I understand the case. I understand the evidence that are against him and I believe that in the end he will be acquitted."
This particular trial started on November 3 of last year, meaning that it ran for almost 3 months. Most of that time was spent by the court testing whether or not to admit the recorded confession statements from Warren Lewis into evidence. Also, Justice Troadio Gonzalez had to rule on a no-case submission made on behalf of the accused men. Both of those elements of the trial happened without the jury being present to witness them.
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