San Diego

Numerous requests for a mistrial in David Lucas’ trial were unsuccessfully made by his attorneys--outside the presence of the public and the jury--during the jury’s deliberations in the penalty phase.

Transcripts of some of the secret hearings conducted with Lucas’ attorneys, prosecutors and San Diego Superior Court Judge Laura Hammes were released to the public late Thursday.

According to the transcript, defense attorneys Steve Feldman and Alex Landon asked for a mistrial after the jury foreman sent in a note on July 18 stating “it is the feeling of the jury that a unanimous decision is not possible.”

Since the jury had only deliberated about five hours on whether Lucas should be executed or receive a life sentence without the possibility of parole, Hammes ordered the jury to resume its discussions.

The jury returned a death verdict Wednesday.

Lucas, 34, of Spring Valley, was convicted June 21 of three throat-slashing murders in the Nov. 20, 1984, slaying of Anne Swanke, 22, of San Carlos and the May 4, 1979, killings of Suzanne Jacobs, 31, and her 3-year-old son, Colin, in their Normal Heights home.

The judge did not release any transcripts or notes relating to the mysterious dismissal of one male juror during the deliberations.

Names of the jurors were whited out on the transcripts, except for the jury foreman. The transcripts were made available as the result of a legal action brought against the judge by the San Diego Union and Tribune.