LIBERTY — A mistrial was declared here Monday when jurors wereunable to determine the guilt or innocence of a McComb attorneyaccused of selling marijuana to an inmate in the Lincoln CountyJail.

McComb Attorney John Jackson, 54, was arrested June 4 andcharged with selling 3.2 ounces of marijuana to an inmate who wasworking with several law enforcement agencies involved in theinvestigation.

Deliberations resumed Monday after specially-appointed Judge AlJohnson ordered jurors out of the jury room at 12:10 a.m. Saturdayto take the weekend off after a long trial week. Johnson said hewas worried weariness would affect their ability to make a soundjudgment after more than 15 hours in the courtroom Friday.

Jurors declared after only an hour of deliberations Monday thatthey would be unable to agree on a verdict “under anycircumstances.”

Jurors were presented with a convoluted case that included avideotape of the alleged transaction, accusations of witnesstampering, and the defendant himself taking the stand to refute thecharges.

Jurors split on the verdict with eight declaring guilty, threeto acquit, and one undecided.

“I’m encouraged by the vote of the jurors,” said DistrictAttorney Danny Smith. “It shows we were able to convince a majorityof them.”

The prosecutor admitted being disappointed in the mistrial,however.

“I’m disappointed we didn’t get a conviction, but I’m not theleast bit discouraged,” he said. “I plan to retry the case as soonas Judge Johnson’s schedule will permit.”

Charles Miller, Jackson’s attorney, also expresseddisappointment.

“We were actually hoping for a dismissal because the evidencejust wasn’t there,” he said. “No officer actually witnessed thealleged transaction, and the informants were proven to beunreliable.”

Smith and Miller both said the judge had not given them a newtrial date yet, but Amite County Circuit Clerk Sharon Walsh saidthe next court term would be in February. Walsh said it wasunlikely she would get a trial date from Johnson untilNovember.

Smith, who did not run for reelection, said he will stay withthe new district attorney until April 30 before he retires. In themeantime, he said, he will reevaluate his case against Jackson andstrengthen weaknesses.

The prosecutor has already consulted with the officers involvedin the case and said they were all anxious to go back to trial.

Miller will also be reevaluating his defense but had not had theopportunity to consult with his client since the mistrial wasdeclared.

“We have not talked in detail,” Miller said. “Mr. Jackson wasextremely tired, so we have not had that chance yet.”

Miller said racial prejudice was one of the motivating factorsin a conspiracy against his client that included agents andofficers with the Lincoln County Sheriff’s Office, SouthwestMississippi Narcotics Task Force, Mississippi Department ofCorrections, district attorney’s office, and others. Jackson isblack.

The 12-member jury, which was composed of eight whites and fourblacks, did not split along racial lines, however.

“This vote did not go down racial lines and that was veryencouraging,” Smith said. “I think the jury was able to look pastthe race card that was obviously played.”

Other factors involved in the alleged conspiracy were personalanimosity and professional dislike, according to Jackson’stestimony.