Jury deadlocked in attempted murder trial

FRESNO, Calif.

/*Lisa Alarcon*/, 25, is accused of shooting her mother and father through their bedroom window as they slept last August.

Tuesday afternoon, the jury sent a note asking the judge what happens if they can't agree. In other words, they're deadlocked right now. But the judge isn't ready to declare a mistrial just yet.

The trial has lasted three weeks and jurors have been deliberating Alarcon's fate since Monday afternoon.

Prosecutors hung their case on a neighbor who says he saw Alarcon walk up to the house and start shooting. Much of what he told police was backed up by physical evidence. But defense attorney Scott Baly argued the street was dark and the neighbor misidentified the shooter.

Jurors asked to hear some of the neighbor's testimony again, then asked for some of the testimony from Alarcon himself. But late Tuesday afternoon, they sent the note saying, "What happens if we can't agree?"

"If they're just wanting to know or if they're at an impasse, the judge gave them additional instructions on that issue and then basically asked them to sleep on it tonight," said Baly.

Jurors told the judge they've taken two votes so far.

If they can't reach a unanimous decision, the judge would eventually declare a mistrial and they'd have to start all over again with a new jury. That process could go quickly, or it could take a year or more.

Alarcon faces life in prison if she's convicted, so there's a lot on the line.

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