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Mistrial Declared in ’82 Slaying of Athlete

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Times Staff Writer

A mistrial was declared Friday in the Kenneth Solomon murder case after jurors could not break a deadlock over the authenticity of a taped confession the defendant allegedly made to police.

After eight days and six ballots of deliberations, the jury split 9-3 in favor of a first-degree murder conviction. Solomon, a South-Central Los Angeles resident, is charged in the February, 1982, slaying of Princeton University basketball player Lawrence Raphael.

Los Angeles Superior Court Judge Paul Turner, who had sent the jury back for further deliberations a week ago after the panel first declared they were deadlocked, set a June 24 retrial date.

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Suspect’s Testimony

Solomon had testified during his trial that the voice on the tape was not his. Since scientific voice print analysis is not admissible as evidence, the prosecution was unable to produce an expert witness to testify on the tape’s authenticity.

“Even if they had a written document (declaring the tape authentic), they (three holdouts) would have questioned the signature,” said a disappointed woman juror who asked not to be identified.

Solomon, 28, is accused of driving the getaway car in the attempted robbery and fatal shooting of Raphael.

The victim and his girlfriend were returning to the woman’s Hancock Park home after going out for ice cream. While Raphael was still in his car, authorities said, an assailant walked up and shot him in the head with a handgun and then pulled him out of the car and rummaged through his pockets before fleeing.

The accused triggerman, Ozell (Junebug) Johnson, 29, will be tried separately.

Jail House Informant

The two men were arrested after a jail house informant testified that Solomon, a former Internal Revenue Service clerk, had made statements about the shooting while in custody on another matter.

Two police officers testified during the trial that Solomon made the taped confession after his arrest.

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Solomon’s attorney, Albert DeBlanc Jr., expressed confidence that his client will ultimately be acquitted. The lawyer also questioned the tape’s authenticity.

“I remind you,” DeBlanc said after the mistrial, “the highest officer in the United States once had a problem (with tapes) and a few of his friends went to jail.”

Prosecutors expressed outrage at the jury’s action.

“We think it’s ridiculous anyone would give any credence to the idea that the tape-recorded confession was doctored,” Deputy Dist. Atty. Sterling E. Norris said. “It was a very ridiculous defense and one that I never heard of before.”

Holdout Jurors

The three jurors identified by others as having been the holdouts each refused to comment on the matter.

The jury remained deadlocked on both counts on which Solomon was charged--first-degree murder and attempted robbery.

“Basically, they had enough doubt about the tape that they couldn’t convict the person,” juror Paul Tholl, 40, a Los Angeles planning aide, said.

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Tholl said that in the initial rounds of balloting, he had been among five jurors who rejected the murder charge but had voted in favor of Solomon’s guilt on attempted robbery. He said he switched his vote on the murder charge after Turner made clear while answering jurors’ questions that Solomon must be found guilty of murder if he had participated in the attempted robbery.

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