Sioux City jurors were unable to come to a consensus Monday in a 40 year old murder tiral. Thomas Popp is accused of first-degree murder in the death of 18-year-old Native American woman, Terri McCauley, back in 1983.
Popp was a suspect after the murder 40 years ago, but wasn’t arrested until police took another look at the cold case last year and arrested him in Washington State. Judge Tod Deck questioned the jurors beginning with the foreperson after it became clear they were deadlocked. He asked the foreperson if every juror been given an opportunity to express his or her views and the foreperson said “Yes” He asked if the foreperson believed that further deliberation would result in a unanimous verdict without compromising one or more jurors’ individual judgment, and the jurror said ‘No”.
All of the jurrors had the same response, and the judge then made his decision. “Under the rules of criminal procedure, the court orders a mistrial. This case must be retried within 90 days. Unless double jeopardy bars further prosecution, the defendant waives speedy trial or good cause as shown for further delay,” he said.
The announcement of the mistrial caused many of McCauley’s family members in the courtroom to begin weeping. One woman began yelling loudly, and then left the courtroom without incident.
Popp’s attorney asked the judge to dismiss the case, but the judge declined. Popp remains in custody on a $3 million bond.
(By Woody Gottburg, KSCJ, News)