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San Diego

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After 12 days of deliberations, the jury in the murder trial of Stacy Butler told a judge Tuesday that they were deadlocked, 7 to 5, on the last ballot they had taken.

Nevertheless, Superior Court Judge William Kennedy told the jury to continue discussions, which will resume today. Kennedy asked the forewoman not to say in court in which direction the jury was leaning.

Jurors are trying to decide whether Butler, 29, a gang member from East San Diego, is guilty of killing San Diego Police Officer Jerry Hartless, 24, who was shot in the forehead Jan. 9, 1988. He died Jan. 31, 1988, without regaining consciousness.

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If Butler is convicted of first-degree murder, the same jury would deliberate his penalty and decide whether to recommend the death penalty or a life term in prison without parole.

Although the judge acknowledged that the jury had been discussing the case for some time, he said the jury’s actual time deliberating totals 26 hours over 12 days. A good deal of time has been spent listening to hours of reread testimony from seven trial witnesses.

During the 10-week trial, 183 witnesses testified.

The jury forewoman told the judge that the jury had taken four ballots.

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