Jury Deadlocked in Shane Murder Trial

The jury in the trial of Sina Khankhanian, who is accused of murder in the April 2010 death of Malibu eighth-grader , submitted a note to Judge Katherine Mader Monday morning stating it was deadlocked. Mader told the jury, which met in private briefly Thursday afternoon and for five hours on Friday, that it was too soon for her to call a mistrial, and ordered the jury to deliberate further.

"[We are] deadlocked, hung, can't all agree, etc.," Mader said the jury's note stated.

At the request of the jury, the court reporter read aloud portions of last week's testimony from defense witness Mary Elizabeth Large, a neuropsychologist who said Khankhanian had a "lack of intentionality," which means he  "doesn't understand or appreciate the potential negative effects of his actions before he does them."

The jury has also asked for the court reporter to read the testimony of psychiatrist Kaushal Sharma, a prosecution witness who said Khankhanian was able to appreciate the potential consequences of his reckless driving that led to Emily's death. That reading will take place Tuesday morning.

The jury submitted a note asking for the meaning of "conscious disregard," which a person must have had while committing a crime for it to be considered a murder. Mader told the jurors there is no legal definition, and they should consider the term's meaning in the regular world.

In addition, one juror asked if a person must have intended to kill somebody to be convicted of murder. Mader said he should refer to the jury instructions. A person can be convicted of murder without having intended to kill someone.

The prosecution and the defense were given five minutes each to present arguments to the jury that focused on the issues of "conscious disregard" and "lack of intentionality."

Prosecutor Marna Miller said, "You cannot possibly drive for 17 miles the way the defendant did in this case without having conscious disregard. Conscious disregard is just that, knowing what you're doing and not giving a rat's blank about it."

She added that "lack of intentionality" was a "coined term [Large] likes to use to kind of excuse the defendant's behavior."

Defense attorney Bradley Brunon told the jury Miller had incorrectly simplified his client's mental condition. He said his client knew how to drive, stop at traffic lights and avoid other vehicles on the road, but he had difficulty taking "the next step" to understand his reckless driving created a dangerous situation.

"There's no evidence that he understood beyond the superficial," Brunon said. 

The eight men and four women of the jury could convict Khankhanian, 28, of second-degree murder (mandatory sentence of 15 years to life in prison) or involuntary manslaughter (maximum sentence of four years in custody)—or find him not guilty of both crimes (highly unlikely since even his attorney said he was guilty of manslaughter).

One juror needs to leave soon. Malibu Patch could not confirm if he would be able to participate in the deliberations on Tuesday. The man would be replaced by one of the two alternates, who are a male and a female.