DETROIT (WXYZ) — Jurors return tomorrow for what could be the final day of deliberations in the Samantha Woll murder case.
The jury's been deadlocked for four days. Michael Jackson Bolanos is accused of killing Woll at her condo on October 21, 2023.
PREVIOUS REPORT: Court to 'accept deadlock' if verdict isn't reached Thursday in Samantha Woll murder trial
Michael Bullota, a former prosecutor and now a criminal defense attorney, says Bolanos could still receive a partial verdict even if there's a mistrial for the murder charge.
“What the judge will do and certainly should do is inquire as to whether the jury has a verdict on any of the charges," he explained.
While Bolanos is charged with felony murder and first degree murder, it's important to remember he's also charged with home invasion and lying to police.
"In this case, I think the biggest problem is that the prosecution did not put the defendant inside of the house. The body was found outside of the house. The defendant had a reason to be outside of the house," Bullota said.
He explained, “If the jury cannot come to a conclusion as to any one count then the judge will declare a mistrial on that one count and then it will be up to the prosecutor to decide whether the prosecution wants to retry the case.”
With it being a murder case, Bullota said there’s no question the prosecution will want to retry the case.
“So, at some point, the attorneys are probably going to find out what the split was. They may not, but they probably will. Most cases they find out what the split was by talking to the jurors afterwards if the judge allows it and if the split is, let’s say it’s 11 to 1 for ‘not guilty’ of the murder, that might cause the prosecution to say, 'Well, maybe we need to deal this case,'" Bullato explained.
By 'deal', Bullato is saying the prosecutor could offer Bolanos a plea deal for a less severe charge or a dismissal.
7 News Detroit asked Bullato what could be the outcome for the defendant's freedom if a verdict isn't reached on the charges while the prosecution may want a retrial.
"What the judge could do, and I expect his defense attorneys, to move for his immediate release on bond in light of the evidence and in light of the failure to obtain a conviction," he said.
Bullato added, "That could happen. The judge may decide to release the defendant pending the next trial, or the judge could just say, ‘No, we’re going to try it again and you’re going to stay in custody'," he said.
