Judge declares mistrial in Antonio Lopez murder trial

After three days of deliberation, a judge declared a mistrial Thursday in the capital murder trial of Antonio Lopez, the man accused of killing a 11-month-old foster child in his care. Lopez is accused of stomping Jayla Beckely to death in 2012.

The jury, made up of six men and six women, could not reach a verdict in the case. Three jurors declared a guilty verdict, nine declared non-guilty. The jury stated that “no further deliberation can conclude a different result”, adding that it was a “tough to thing to do”.

Lopez, now 30, initially confessed to murder to the police. But his defense says another foster child, named Abigail, then 12, may have been at his home the day of the murder and killed Jayla.

Lopez’s defense attorney, Robin Norris says this was the hardest working jury he’s ever seen. The 12-person jury was split because some felt Antonio Lopez killed baby Jayla. Others, felt he simply failed to protect her.

“There were many things, and it would take awhile to describe all of them,” Lopez’s defense attorney, Robin Norris said.

Two days of deliberations and the 12-person jury could not reach a verdict. Norris said he’s pleased with the outcome.

“We felt that the jury the great majority, 3/4 of them felt he was not guilty, so we’re feeling good going forward,” Norris said.

Jayla suffered tears in her liver and intestines, five broken ribs and a fractured skull.

During the trial, one defense witness, a mitigation specialist with the public defender’s office, indicated Abigail told her she was at the Lopez home on the day of the murder.

Two former foster parents of Abigail also testified, stating that Abigail displayed violent behavior towards fellow foster children, including choking another 5-year-old.

One even testified that Abigail confessed to killing baby Jayla that day.

But when bought to the stand as a witness for the prosecution, Abigail not only denied seeing Jayla, she denied being at the house.

Lopez’s former inmate was also brought to the stand to testify for the defense earlier this week. Justin Holmes, a convicted child pornographer, testified Lopez admitted to him while at the county jail he beat Kayla, stomping on her three times.

Holmes told the jury Lopez asked him to write a false statement on how Jayla got injured, stating that his “youngest child had jumped off the bed.” He went on to state that Lopez told him he “punched Jayla in the stomach, pulled her hair and dropped her from shoulder height.”

During closing arguments Tuesday, the prosecution reminded the jury Lopez confessed to killing baby Jayla several times in 2012.

Prosecutors said Lopez confessed after calling 911, he confessed to police,
he confessed to detectives, and they said he confessed to inmate Justin Holmes while he was in jail.

In closing arguments, the defense reminded the jury Holmes was a sex offender and couldn’t be trusted. They also reminded the jury of Abigail’s confession.

Abigail allegedly had a history of violent outbursts and allegedly confessed to another foster mother that she killed baby Jayla in 2012.

But on the stand, Abigail denied killing the child.

The jury deliberated for about five hours Tuesday and by the end of the day they could not reach a verdict. Wednesday, the jury deliberated for another eight hours, but could still not reach a decision.

“Nine in favor of acquittal, three for conviction. We kept sending them back, making them work a little harder,” Norris said.

Thursday, Judge Bonnie Rangel read the note from the jury that said quote, no further deliberation can conclude a different result. After the mistrial, Lopez’s friends and family held hands and prayed outside the courtroom.

Although no decision was made, Lopez is still not a free man and may be back in the courtroom for another trial.

“What’s next is, like I said, we’re going back to the drawing board, he still remains charged with capital murder. We are going to make an attempt to adjust his bond so he can be with his family. Were going to sit down with the opposing counsel and see if there’s any way to work out something that will be satisfactory to both of us,” Norris said.

It’s unclear if and when the district attorney’s office will pursue a retrial. Prosecutors did not return calls for a comment.

Lopez was being tried for capital murder, but jurors could instead have found him guilty of murder, or several other lesser charges which don’t carry a mandatory life sentence like a capital murder conviction.