Judge Declares Mistrial in Maniscalco Murder Case : Court: The jury remained deadlocked 26 days of deliberations. A hearing for a retrial is scheduled for Nov. 13.

A judge reluctantly declared a mistrial Tuesday in the Thomas F. Maniscalco triple murder case, the longest criminal trial in Orange County history, after jurors said they were hopelessly deadlocked after 26 days of deliberation.

Jurors told Superior Court Judge Kathleen E. O’Leary that they were split 10-2 in favor of a conviction in the 10-year old case. The two holdouts said they questioned the credibility of some of the witnesses for the prosecution.

“The prosecutor did the best he could, but I think it is a very, very weak case,” said Diane Martinez of Fullerton, one of the two holdouts.

Deputy Dist. Atty. Richard M. King told O’Leary that he was ready to immediately retry Maniscalco, a Westminster lawyer and bike gang leader. The judge scheduled a hearing for Nov. 13 to determine how soon a new trial can begin.

“The two jurors who held out, bless their hearts, I respect them,” King said, “but 10 people of this community saw the evidence the way we did. I’m confident we can reach a verdict at the next trial.”

King also lashed out at Maniscalco defense attorneys Joanne Harrold and Andrew Roth: “They didn’t want a verdict; they want this to go on because it will mean a bigger fee.”

The defense team scoffed at suggestions they want to prolong the trial, and they said the prosecution’s refusal to share evidence with them led to much delay in the five years it took to bring the matter to trial.

Harrold said the 10-2 split convinces her that “12 reasonable people, based on this evidence, will never find Tom guilty.”

Maniscalco, 45, said Monday that he was disappointed when the jurors first informed O’Leary that they could not agree on a verdict. Maniscalco has maintained his innocence throughout 6 1/2 years of incarceration on the murder charges.

The trial began with jury selection more than 17 months ago, making it the longest criminal trial ever held in the county. The jury’s marathon deliberations, spread out over two months, has beat the previous record by at least 11 days.

“I guess to just say ‘Thank you’ is rather hollow at this point,” O’Leary told the jurors.

By the time Maniscalco is re-tried and co-defendant Daniel Duffy is tried at the end of 1991, the cost of their prosecutions will run in the millions of dollars, although the exact costs have not yet been calculated.

Maniscalco, who helped found the Hessian motorcycle gang, was accused of orchestrating the murders of three people in a Westminster home during the 1980 Memorial Day weekend.

The home belonged to Maniscalco’s then-best friend, Richard (Rabbit) Rizzone, 36. More than a week later, the bodies of Rizzone, Thomas Monahan, 28--considered a bodyguard for Rizzone--and Rena Miley, 19, Rizzone’s girlfriend, were found at Rizzone’s tract home. Miley had been raped and then shot in her bed. The other two were found in the living room with gunshot wounds.

Prosecution witnesses said Maniscalco, who describes his legal career as “dedicated to counterculture people,” most of them bikers, was also running drug and counterfeit money operations. Maniscalco was upset with Rizzone, prosecutors claim, because he believed Rizzone was skimming some of the profits from the illegal operations.

Prosecutors claim others at the murder scene were Duffy, 46, whose trial is set for next September; Phil Warren, who was killed in a police shoot-out in Oklahoma two years later, and Richard Robbins, who fled to his native Michigan.

Robbins, under a grant of immunity, was a key prosecution witness. Robbins told jurors that Maniscalco gave all the orders but that Warren did the actual killing.

And it was Robbins’ testimony that bothered the holdout jurors the most.

“I just didn’t believe Mr. Robins,” said Rita Johnson of Anaheim, who declined further comment on the evidence.

Martinez agreed.

“Mr. King’s case is based on too many people whose credibility leaves a lot to be desired,” she said. “Where is he going to get more witnesses for the next trial? Pull them in from the wheat fields?”

Martinez also said she was uncomfortable with so many witnesses having been granted immunity by the prosecution.

The other jurors did not criticize the two holdouts, but they did say the deliberations were frustrating.

“I tried to lay the thing out pretty much the way Mr. King did during the trial, to make them see it,” said Richard Wright of Anaheim, the jury foreman. “I don’t want to say those two were stubborn; I’d rather just say they were fully committed to their point of view.”

Jurors had been scheduled Monday to have the court reporter reread them some of the testimony.

“But before the court reporter came in, we all agreed that it wouldn’t do a bit of good,” Wright said. “So we just sent her back. We were never going to reach a verdict.”

One juror who was firm in his decision was Quinn Moore of Costa Mesa.

“Everything about (the prosecution’s case) was consistent,” Moore said. “I thought the evidence followed a very logical pattern.”

The defendant’s mother, Grace Maniscalco, said she was surprised there were not more votes to acquit her son.

“Tom has suffered excruciating pain since he has been in jail,” she said, complaining that the medical facilities at the Orange County Jail are inadequate for Maniscalco’s back problems. “He should not have to suffer another day. He is innocent.”

MANISCALCO CASE CHRONOLOGY

Key dates in the case of Thomas F. Maniscalco, which ended Tuesday in a mistrial. It set records for the longest criminal trial and jury deliberations in Orange County history:

May 31, 1989--After eight months of pretrial motions, trial begins with jury selection.

Oct. 2--First phase of jury selection over, Orange County Superior Court Judge Kathleen E. O’Leary resumes legal motions in the case.

Nov. 14--Legal motions over, judge resumes last phase of jury selection.

Dec. 13--A jury is selected. Judge tells jurors they may plan for a fall vacation because the trial should be over in five months.

Jan. 2, 1990--Opening statements are presented. Deputy Dist. Atty. Richard M. King begins presenting witnesses later in the week.

April 4--Prosecution rests, after 60 witnesses. Judge interrupts the trial to give defense time to prepare its case.

April 24--Defense begins. The trial will be interrupted for several weeks during the summer because of a defense attorney’s illness.

Aug. 9--Defense rests, after calling 44 witnesses.

Sept 5-7--Closing arguments.

Sept. 7, 1990--Jurors deliberate for first time but meet for just half an hour, just long enough to choose a foreman.

Sept. 10--Jury begins its first complete week of deliberations.

Sept. 17--Judge honors commitment to give jurors a two-week vacation--after six days of deliberations--because several had arranged prepaid trips.

Oct. 1--Jurors resume deliberations.

Oct. 25--Day 22, jurors send a note to O’Leary saying they are deadlocked. She tells them to return the following Monday.

Oct. 26--The judge meets with attorneys in the case. They agree to wait to learn more about the jury’s deadlock before deciding what to do. But O’Leary asks prosecutor King for his computerized list of her rulings on legal motions that she heard outside the jury’s presence, just in case a retrial is needed. King says the list totals 375.

Oct. 29--Jurors return to deliberate three more days that week.

Nov. 5--After Day 26 of deliberations, jurors again advise the judge that they cannot reach a verdict.

Nov. 6--O’Leary declares a mistrial, with 10 jurors voting for conviction and two for acquittal.