Mistrial Followed by Sobbing San Jose Jury

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    NEWSLETTERS

    TK
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     A lone holdout juror has led to a mistrial in the case of a Cupertino man charged with fatally shooting a lawyer who was representing his late wife's family in a wrongful death lawsuit against him.
     
    Eleven jurors said they were certain Jason Cai was guilty of killing attorney Xia Zhao on July 1, 2008. They asked a judge to remove the lone holdout, but he ruled Wednesday there wasn't enough evidence to replace the juror.

    Many of the jurors embraced the family of the victim following the mistrial.  They wept as they told them they were sorry they could not convince the judge to remove juror No. 6.

    They said their fellow juror slept during the trial and refused to deliberate.

    The victim, Zhao was part of the legal team for the family of Cai's wife, Ying Deng, in the $15 million lawsuit. The woman's body was found floating in the pool of couple's home in 2003.

    Prosecutors say they plan to retry Cai in Zhao's murder next year.