Second mistrial declared in teen jail beating case

Once again, a jury was unable to reach a verdict on whether ex-deputy Paul Schene was guilty of assaulting the girl in a holding cell in November 2008. Jurors began deliberating Tuesday, and a mistrial was declared on Thursday.

Eleven jurors voted to acquit Schene of the fourth-degree assault charge, and one juror wanted to convict - resulting in a deadlock, according to members of the jury who spoke with KOMO News.

It was a reversal of the outcome in the first trial, held earlier this year, when the jurors deadlocked, 11-to-1, to convict. As a result, King County Prosecutor Gary Ernsdorff brought Schene back to try him again.

Surveillance video from inside the jail cell captured the attack against Malika Calhoun, who was 15 at the time. The footage shows Schene rush in, kick the girl, force her against a wall, then throw her to the ground. He is also seen punching her twice.

The Prosecutor's Office said it is disappointed with the outcome of the second trial, and will decide within the next two weeks whether to bring the case to trial for a third time.

"It was the same evidence presented to first set of jurors," Ernsdorff said. "It's very difficult to prosecute a police officer (because) people respect the hard work they do."

He said he continues to believe Schene's behavior, as shown in the video, was a criminal assault.

Jurors, meanwhile, said it wasn't a "black-and-white" case. Several members of the jury said the girl's lack of injuries showed restraint on the part of the deputy. Jurors also said they weighed the lawful use of force.

"It's dramatic and unsettling, but during the trial we tried hard to take our emotions out of it," said one juror, who asked not to be identified by name.

Another juror interviewed by KOMO News added: "It looks like violence (on the video), but he was careful not to hurt or injure her."

In the second trial, the prosecutor focused on the alleged over-reaction in Schene's dealing with teenager Malika Calhoun while the defense argued he handled the incident in a lawful and proper manner.

On Tuesday jurors reviewed the footage of the attack for the first time in court.

"Malika was face-down on the concrete. She was pleading with the defendant, saying, 'I am not resisting,"' said Ernsdorff.

The prosecutor said Schene later downplayed the incident when he completed the mandatory use-of-force report for his supervisor.

He quoted Schene's entry, which stated, "She kicked one of her shoes off, hitting me in the right shin leg, causing me injury and pain. I placed Calhoun in handcuffs, and placed her back on a bench."

Schene said he rushed into the cell when he saw Calhoun kick a shoe toward his groin, and appeared ready to flick the other one.

But defense attorney Peter Offenbecher called Schene's actions "a lawful use of force by a police officer." Schene said the girl was resisting, and he used accepted tactics to subdue her.

After the second mistrial was declared, Offenbecher said he was disappointed he wasn't able to persuade all 12 jurors that Schene should be acquitted.

"The citizens of King County have spoken. Paul Schene used reasonable force, and he's innocent," Offenbecher said. "He did his job as trained with a reasonable amount of force without injuries at all."

But the King County sheriff fired Schene last year for multiple violations of department policy, including excessive force.