Jury 'Hopelessly Deadlocked' as Mistrial Declared in Child Molestation Case

For the time being, Russell Cilibraise III can breathe a little easier.

The La Mesa man is one step closer to being freed from custody, after Judge Joseph Brannigan declaired a mistrial Monday in a child molestation case being tried in El Cajon Superior Court. Cilibraise was charged with lewd and lacivious acts with a child, in this case his two-year-old son, Russy, based on a June 2011 incident which allegedly occurred in the restroom of a La Mesa supermarket.

Saying that the jury was "hopelessly deadlocked," Brannigan asked the jury's foreman if he felt further deliberation would help the jury arrive at a verdict.

"From what has been presented, no sir," the foreman said.

The foreman told the court that the jury had already taken two "ballots," voting on Cilibraise's guilt or innocence. The first vote was 7-5. The second vote was 9-3. After declaring a mistrial, and saying the jurors service was at an end, he asked the foreman to reveal the specifics of the vote.

The forman said that there were nine "not guilty" votes compared to three "guilty" votes. Upon hearing this, Cilibraise dropped his head and exhaled what one can only assume was ten months of pent up anxiety and fear. The defendant's wife, Iliana, who just four days before testified that there was began sobbing.

Judge Brannigan then released the jury, while the defendant and Cassandra Hearn, his attorney, Claudia Grasso, the deputy district attorney, and Iliana remained.

As a result of the 9-3 not guilty vote, Hearn asked the judge for a dismissal of the case.

"To put my client through another trial would be a miscarriage of justice, Your Honor," said Hearn.

Grasso surprisingly agreed, citing the toll the incarceration and trial has taken on Cilibraise and his family.

"I don't make that call," she said, alluding to the fact that the decision on whether or not to pursue another trial is left to her superiors in the district attorney's office.

Judge Brannigan said that he was going to deny Cilibraise a dismissal, but that he would wait until a follow-up hearing to determine the defendant's fate.

The hearing is set for Monday, April 30, at which time Hearn said she would ask for bail to be lowered and for Cilibraise to be released on his own recognizance. At that time, they will also hear from Grasso about the district attorney's decision whether to release the defendant or pursue another trial.

Iliana Cilibraise declined to speak with La Mesa-Mount Helix Patch outside the courtroom.

Hearn said that there was an indication after speaking with Grasso that the district attorney may not want to proceed with the case.

"It does point to that," she said. "With nine for not guilty, it is sort of a win to be honest."

She said she felt that justice was "almost" served, adding that it will be served in the next few days.

Both Hearn and Grasso spoke to the jurors after the decision. Hearn said that it was evident that the "two second window" in which the eyewitness alleges to have seen Cilibriase's son , was the biggest point of decension.

"I think the nine jurors made the right decision, and that is a message to the DA," Hearn said. "In speaking with the jurors, it was clear that they gave a lot of consideration to [eyewitness testimony] and that two seconds isn't enough time to allegedly witness something, especially when you're a nine-year-old."