After seven hours of jury deliberation over two days, State Supreme Court Justice Richard C. Kloch Sr. declared a mistrial Wednesday in the case of a Lockport man accused of inflicting a brain injury on his girlfriend's 2-year-old son.
John M. Moudy, 29, of Clinton Street, still faces two felony counts of assaulting the child Oct. 27, 2016, in his girlfriend's North Tonawanda home. Attorneys said the boy has made a partial recovery.
Although the jury said it was deadlocked, Kloch refused to read the usual exhortations encouraging them to try harder. Instead, he granted a defense request for a mistrial, saying he thought Niagara County prosecutors had failed to fully comply with laws requiring them to turn over evidence that might be helpful to the defense.