Thursday, April 11, 1996 | 11:59 a.m.
After half a day of deliberations, the jury was close to a verdict in the trial of three Metro Police officers charged with roughing up a theft suspect in a downtown casino.
But things began to fall apart Wednesday afternoon as at least one juror decided not to follow the judge's instructions on the law or deliberate in good faith.
By 5 p.m., the jury sent two notes in frustration to District Judge Lee Gates that the jury was at an impasse and in need of help, although there was no announcement of the vote or which direction the jury was leaning.
The impasse, the jury foreman said in a brief court session a short time later, "slowly built up since lunch."
Gates sternly reminded the jurors that they had taken an oath to follow the law and "should attempt to reach a verdict based on the law and the evidence presented."
"You are not partisans," the judge told them. "You are judges of the facts."
The jury returned to the deliberation room for another two hours before breaking for dinner, but by the end of the night there still was no verdict.
When it came time for them to go home, Gates said no.
To prevent any undue influence from family members, friends or the media, Gates ordered the jury sequestered in a hotel until the case comes to a conclusion -- whether by a verdict or a stalemate.
The jury returned to its task today of trying to decide whether the three Metro bicycle patrolmen -- Sgt. James Campbell, 48, and Officers Brian Nicholson and Robert Phelan, both 26 -- broke the law while arresting Andrew Dersch at the Fremont hotel-casino.
A video camera in the security room at the Fremont recorded Phelan punching Dersch and then throwing him into another room, where his head was cut open on a desk.
Witnesses testified that the officers kicked and stood on Dersch's leg and threatened to sodomize him with a police baton if he didn't give officers his true name.
The officers' attorneys admitted the situation on June 11 might have been handled better but argued that no crimes were committed.
Although the defense attorneys didn't suggest the jury engage in so-called jury nullification -- ignoring the law and reaching a verdict based on personal beliefs or feelings of justice -- the issue did surface at trial.
Phelan's attorney, Thomas Beatty, hinted in his opening statement more than two weeks ago that the jury might reach a verdict based on issues not argued by the lawyers.
In closing arguments Tuesday, Deputy District Attorney David Schwartz cautioned the jury that "the trial is about principles, about equal protection and about no person or persons being above the law."
"Laws not enforced cease to be laws," he said.
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