By Staff
ST. JOSEPH - On March 27, after more than 20 hours of deliberations, the jury hearing the election fraud case involving Edward Pinkney indicated to the court that they were deadlocked and could not reach a unanimous verdict.
As a result, Judge Alfred M. Butzbaugh declared a mistrial and released that jury from further service.
Berrien County Prosecuting Attorney James A. Cherry's office since received information indicating that 10 of the 12 jurors deliberating the case voted to convict Pinkney on three of the four felony counts involving improper possession of absentee ballots.
Jurors split six to six on the remaining felony count and the misdemeanor count alleging Pinkney, 57, of Benton Township, paid people $5 to vote in the Feb. 22, 2005, recall election of Benton Harbor City Commissioner Glenn Yarbrough.
The court will be requested to schedule a date for the new trial.
Cherry brought a civil suit against the City of Benton Harbor and then-City Clerk N. Jean Nesbit after Yarbrough's removal, alleging voter fraud and seeking to void the election.
Paul Maloney, Berrien County Trial Court's chief judge, ruled that the vote was tainted and another election should be held.
Voters retained Yarbrough in the second balloting.
Nesbit, who was fired by the city, maintains she did nothing wrong and sued Benton Harbor in federal court.