WELLS — Justice Paul A. Fritzsche declared a mistrial Monday after the jury deliberating in the murder trial of Richard Dalli reported they were “hopelessly deadlocked.”
The jury deliberated for about four hours on Friday, before recessing for the weekend, and resumed Monday morning. After having testimony read back to them and reviewing legal definitions multiple times, the jury said they could not come to a unanimous decision, and did not believe they would even if given more time.
Fritzsche said Dalli may now seek a new trial with a new jury, or could reach an agreement with prosecutors.
Assistant Attorney General Lisa Marchese said she would discuss a plea deal ”“ possibly for manslaughter ”“ with Dalli’s defense attorneys. However, the state will not be dismissing the case, she said.
If Dalli were to plead to manslaughter, he could be sentenced to up to 30 years in prison.
Defense attorney Sarah Churchill said she will see what Marchese may offer and will discuss all the options with her client. Ultimately, she said, the decision is up to Dalli.
“It’s a victory of sorts,” Churchill said, but “we have a (serious) charge to deal with.”
Dalli’s trial spanned three days of testimony last week concerning the killing of John Wheeler of Wells, on Sept. 2, 2008. According to testimony of Wheeler’s girlfriend, Claire Cardin, Dalli sliced at and fatally stabbed Wheeler in the early morning hours of Sept. 2, after drinking liquor and partying through the night at Dalli’s home on Rogers Road in York.
The jury also heard testimony from Dalli’s tenant, David Young; Dalli’s cousin, Tina LaTorella; detectives from the Wells Police Department; and mental health professionals. At issue, according to both the prosecution and the defense, was not whether Dalli caused Wheeler’s death, but whether he should be held criminally responsible for killing Wheeler. The defense argued that Dalli should not be held responsible for murder, because he was criminally insane at the time of Wheeler’s death.
Marchese disagreed, and said that although Dalli may have been under the influence of alcohol and experiencing hallucinations or paranoia, he still knew he was wrong in causing Wheeler’s death, a state of mind that was shown when he allegedly washed blood off of the knife he used, and when he told police he was defending himself. Marchese said during the trial that Dalli was angry that his sexual advances were rebuffed, and that he was not psychotic, delusional or hearing voices when he stabbed Wheeler.
LaTorella, Dalli’s cousin, testified on behalf of her cousin and following the mistrial, said Wheeler’s death could have been avoided if police had intervened. LaTorella said about a month before Labor Day weekend in 2008, Dalli was picked up by police for being in someone else’s home where he helped himself to food, she said. Dalli was brought to the hospital and released to LaTorella, despite her protests, because doctors said they had no reason to keep him, she said.
LaTorella was also at Dalli’s home the weekend of the killing, and left before the party on Sept. 1 because she said she did not feel safe being alone with her cousin. Dalli told her he had been seeing his parents ”“ both deceased ”“ and other people in his home who were not there, she said.
“It’s a very sad case,” LaTorella said. “The police should have intervened.”
Marchese and Dalli’s attorneys, Churchill and Sharon Ward, will now discuss the options available ”“ including a possible plea deal, which would be presented to Fritzsche for approval or denial. If a plea were accepted, Dalli would then face sentencing.
Fritzsche ordered Monday that Dalli continue to be held without bail.
— Staff Writer Robyn Burnham can be contacted at 282-1535, Ext. 329 or rburnham@journaltribune.com.
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