Jury Deadlock Results in Mistrial in Assault Case

A mistrial was declared Monday after a jury reported that it was hopelessly deadlocked over the guilt or innocence of a man accused of attacking a Van Nuys Municipal Court judge.

After more than 10 hours of deliberation spanning three days, the four-man, eight-woman jury was split 9-3, with the majority in favor of acquitting Stephen Andrew Weible, 28, of Tarzana, said jury foreman Paula Watkins.

Weible is charged with kidnaping and attempted rape in the Jan. 4, 1986, attack on Judge Leslie A. Dunn.

Prosecutors will review the evidence in the case and decide by Feb. 16 whether to seek a new trial, said David R. Disco, head deputy district attorney in Van Nuys.

Van Nuys Superior Court Judge Alan B. Haber ordered Weible to appear in court at 9 a.m. that day.

Dunn, 38, testified during the 10-day trial that she was jogging near her Tarzana home when a man grabbed her, pulled her into his car and drove to the service entrance of Collier Street Elementary School in Woodland Hills, which was closed at the time.

Able to Open Door

Dunn said she struggled and eventually was able to open the car door and flee. She said her assailant initially pursued her, then ran back to his car and drove away.

The lack of physical evidence linking Weible to the crime had the greatest influence on jurors who felt that he was not guilty, the jury foreman said. No samples of Dunn’s hair and no fibers from her clothing were found in Weible’s car, Watkins said. And no fibers from the seats or carpeting of the car were found on Dunn’s clothing, she said.

In addition, she said, the physical description of the assailant, which Dunn gave to police, did not fit Weible.

But Janet Stinson, one of three jurors voting for conviction, said Dunn picked Weible from a photo lineup on two occasions and identified him as the man who attacked her.

In 1982, Dunn sentenced Weible to probation and psychiatric counseling after he pleaded no contest to a reduced charge of disturbing the peace. He had been charged with misdemeanor battery.

Dunn testified during pretrial proceedings that she did not recognize Weible from that incident, and authorities said the two cases are unrelated.

Jurors knew from testimony in the most recent trial that Weible previously had appeared before Dunn in court, but Watkins said they were unaware of any details from that 1982 case.

The jury reported Friday that it was deadlocked, but Haber, noting the length of time it took to bring the case to trial, ordered jurors to return Monday and try to reach a verdict.

‘Zero Movement’

After two more hours of deliberation Monday morning, Watkins reported “zero movement,” and Haber declared a mistrial.

Weible’s attorney, Barry Levin, predicted similar results if prosecutors decide to try the case again.

“It’s hard to convince all jurors that a judge is wrong,” Levin said. “But as long as a jury looks at the evidence, they’ll never convict him. His innocence runs all through the evidence.”

Dunn was reported to be ill and could not be reached for comment.