Mistrial Declared in Sentencing of Youth’s 3 Killers

Jurors in the trial of three people convicted of killing a teenage police informant announced Friday that they cannot decide on a punishment, prompting a judge to declare a mistrial in the case’s penalty phase.

Prosecutors were seeking the death penalty against the two men and a woman convicted last month of torturing and killing Chad MacDonald of Yorba Linda because he worked as a drug informant for the Brea Police Department.

Prosecutors can seek a new penalty hearing, or the defendants automatically will face life in prison without the possibility of parole. The next court date is scheduled for Dec. 17.

MacDonald’s mother, Cindy, wiped away tears when the mistrial was declared. She declined to comment afterward, but her attorney, Lloyd Charton, said she wants another jury to decide the defendants’ fate.

“My client thinks the defendants deserve death for what they did,” he said. “We do want to proceed with another penalty phase.”

Deputy Dist. Atty. Jeffrey Ramseyer said he has yet to make a decision. “I’m disappointed the jury didn’t reach a final conclusion,” he said.

Michael Martinez, 21; Florence Noriega, 28; and Jose Ibarra, 19, were convicted of torturing and strangling MacDonald, then dumping his body in a south Los Angeles alley in March 1998. The jury in Norwalk Superior Court also convicted the three of kidnapping, robbing and trying to murder MacDonald’s 16-year-old girlfriend.

The case prompted broad condemnation of the Brea Police Department and led to a new state law restricting the use of youths in undercover police work. It also led Cindy MacDonald to file a $10-million wrongful death lawsuit against the cities of Brea and Yorba Linda, which is pending.

The jury voted 9 to 3 for the death penalty against Noriega and Ibarra, and 7 to 5 for Martinez.