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Jury Deadlocks, New Trial Set in O.C. Arson Case : Courts: Late-night deliberations fail to produce verdict in case of man accused of setting fire at youth shelter and firebombing the home of his former girlfriend.

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TIMES STAFF WRITER

A mistrial was declared late Friday night in the case against Charles H. Smith of Santa Ana, who was charged with setting fires at a youth shelter and at his girlfriend’s home.

Jurors deadlocked in Orange County Superior Court, and a new trial was set for Jan. 25.

Officials said Smith, 42, set a fire in October, 1989, at the Amparo Youth Shelter in Garden Grove to seek revenge for being fired as program director six months earlier. He had been suspected of misconduct, officials said.

Smith was suspected in the youth shelter fire but was not arrested until after a firebombing at Smith’s former girlfriend’s home in Costa Mesa in September, 1991. No one was injured in either incident, but the fires caused more than $20,000 in damage.

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Officials said Smith threw two firebombs through Karen Keup’s bedroom window after she continued to spurn his advances. Keup and Smith met each other when they were working together at the youth shelter and dated for about two years, but Keup broke off their relationship about a year before the arson, officials said.

In an unusual move, the jury deliberated into the late evening Friday because some jurors had to return to work next week, said Deputy Dist. Atty. Jim Tanizaki.

Smith pleaded not guilty to the charges of assault with a deadly weapon and two counts of arson.

A woman testified during the trial that she was with Smith when the September firebombing occurred. Defense attorney James M. Sunseri could not be reached for comment.

Smith had been a teacher at Orange County Juvenile Hall since July, 1990. He was placed on administrative leave pending the outcome of his trial. Smith has been in custody since his arrest in December, 1991, officials said.

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