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Another Victory for Rapper

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TIMES STAFF WRITER

As a Los Angeles Superior Court judge declared a mistrial Wednesday on charges of manslaughter against rapper Snoop Doggy Dogg and his bodyguard, newly released members of the jury sought autographs, prepared to attend a celebratory party with the defendants and--in one case--performed a rap song lampooning the prosecution.

In addition to the juror-turned-rapper, several other panelists questioned the wisdom of bringing the case to trial in the first place, assailing the prosecution effort as an inept attempt to turn what they called an obvious case of self-defense into first-degree murder.

“We didn’t do a rap star any favors,” said juror Rickey Sewell. “We just did what the instructions of the court told us to do. If they were guilty, I would have voted for guilty. But I always believed that [the defendants] acted in self-defense.”

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Earlier in the day, jurors told the judge that they remained deadlocked 9 to 3 in favor of acquitting the rapper, whose real name is Calvin Broadus, and his bodyguard, McKinley Lee, on manslaughter charges in connection with the August 1993 shooting death of Philip Woldemariam.

After each juror indicated that no verdict could be reached, Judge Paul Flynn told a packed courtroom: “It does now appear to the court the jury is hopelessly deadlocked, and I am now declaring a mistrial.”

The jury did return an acquittal on an accessory after the fact charge against Broadus. The panel indicated Tuesday that it was deadlocked on that charge, which stemmed from an allegation that Broadus tried to hide the Jeep Cherokee he was driving the night of the shooting.

The panel’s decision Wednesday came one day after the jury found the pair not guilty of murder and conspiracy charges.

Co-prosecutors Bobby Grace and Ed Nison said they had not decided whether they would retry the defendants on the manslaughter charges. Prosecutors said they were disappointed with the jury’s decision, but rejected the notion that they put on a weak case.

Nison said: “I think I speak for Bobby--that both of us feel strongly that the evidence was there. Of course we’re disappointed. But that’s the system. And the system is not about who’s disappointed.”

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An attorney for the Woldemariam family, who decided against attending court Wednesday, said they remain dedicated to pursuing litigation against the rapper.

“The case is not over yet,” said Daniel O’Sullivan, who represents the Woldemariams in their $25-million wrongful death lawsuit against the rapper.

Flynn, meanwhile, reduced bail from $1 million to $100,000 for each defendant and said the use of electronic devices to monitor Broadus and Lee could be suspended.

At an impromptu news conference in the lobby of the Criminal Courts Building after the verdicts, Broadus said of the trial:

“Victory is won. . . . The media made us guilty. But by the grace of God, the jury found us not guilty.” Reminded that he had not been completely exonerated, he replied: “Like I said, the victory is won.”

As he signed autographs, Broadus was asked about his immediate plans. He answered: “I’m going to write a letter to [Dist. Atty.] Gil Garcetti. I’m going to tell him he can’t have me.”

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Prosecutors had charged during the case that Broadus and Lee tracked Woldemariam down and shot him at a Palms park after Woldemariam flashed a gang sign and shouted an obscenity in an earlier confrontation outside Broadus’ apartment.

Defense lawyers claimed self-defense, arguing that Woldemariam was going for a gun in the waistband of his pants when Lee fired at him from the passenger seat of Broadus’ Jeep.

Prosecutors were hindered in the case by contradictory statements from witnesses. Jason London and Dushaun Joseph, two of Woldemariam’s friends, initially told police that he was unarmed when he was shot but later admitted hiding the weapon to set Broadus and Lee up for a murder charge. Joseph also told jurors that Woldemariam appeared to be reaching for the gun in his waistband before he was shot by Lee.

“There was no evidence indicating anything other than self-defense,” said juror Miriam Brewer. “We knew in our heart that they were not guilty.”

Juror Frederick Young, 47, a telephone company cable splicer, agreed.

“It’s like the shooting at the OK Corral,” Young said. “Woldemariam was a hothead. He was drinking beer all day and smoking pot. He’s all souped and he thinks he’s going to be the bad guy. The bottom line is, he lost at the draw.”

But juror Gary Bartell, 50, one of the three holdouts, said he believed there was enough evidence for manslaughter convictions.

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He cited the testimony of a witness, Trevor Wolfe--who told jurors that Woldemariam was walking away from Lee when he was shot.

“I think it could have started out as a valid self-defense,” said Bartell, who works as a mechanic at a waste water treatment plant.

“But I think it breaks down. The final paragraph [of the self-defense instruction] reads, when the apparent danger is gone, the self-defense no longer applies. To my way of thinking, when he turned and walked away, there was no more danger.”

But Young said he questioned Wolfe’s credibility, noting that her testimony was uncorroborated by other witnesses.

Juror Sewell said the case “should have never come to trial.”

“Number one, every witness they presented had a different story,” he said. “How could you even formulate an opinion on so many different points of view? Every witness lied at one point or another.”

The jurors said they shared their feelings on the case with defense attorneys in a closed-door meeting in the judge’s chambers after a mistrial was declared on the manslaughter charges. One juror, a 29-year-old college dormitory manager, performed a rap song that defense attorneys and other jurors said poked fun at the prosecution.

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The juror later declined to repeat the lyrics, saying he did not want them made public.

Defense attorneys asked the jury to attend a party for the rapper at a Westwood bar Wednesday night and at least half the panel attended.

It was not the first social gathering for the seven-man, five-woman jury. Over Christmas, they held a potluck lunch in the deliberation room. They have also exchanged phone numbers and pledged to keep in touch.

This weekend, they plan to get together again, to celebrate the end of the two-month trial.

Times staff writers Alan Abrahamson and Paul Johnson contributed to this story.

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