Jury Deadlocks, Judge Declares Mistrial in Triple-Murder Case

A judge reluctantly declared a mistrial Tuesday in the Thomas Maniscalco triple-murder case, the longest in Orange County history, after jurors said they were hopelessly deadlocked on the 26th day of deliberation.

Some jurors, who told Superior Court Judge Kathleen E. O’Leary they were split 10-2, with most voting for a guilty verdict in the 10-year-old case, 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 holdout jurors.

Deputy Dist. Atty. Richard M. King told O’Leary he was ready to immediately retry the Westminster attorney and biker leader, and a Nov. 13 date was set for a new trial.

The Maniscalco trial began with jury selection more than 17 months ago. The jury’s marathon deliberations continued over two months, surpassing the previous record for a trial 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 retried, and co-defendant Daniel Duffy is tried at the end of 1991, the cost of bringing them to court will run in the millions of dollars, although the specific costs have not yet been calculated.

Maniscalco, 45, who helped found the Hessian motorcycle gang, is accused of leading a band of killers to the Westminster home of his former best friend, Richard (Rabbit) Rizzone, 36, on Memorial Day weekend, 1980, to kill him and any witnesses. More than a week later Rizzone, Thomas Monahan, 28, considered a Rizzone bodyguard, and Rena Miley, 19, Rizzone’s girlfriend, were found dead at Rizzone’s tract home. Miley had been raped and then shot. The other two were also shot to death.

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