AUBURN – The jury considering the manslaughter charge against Sarah Allen was unable to reach a verdict Wednesday after another seven hours of deliberations.

In order to convict Allen of manslaughter in the death of her adopted son, all 12 jurors must agree that she is guilty.

At 2 p.m. Wednesday, after the jurors had been discussing the case for nearly 14 hours, they sent a note to Justice Ellen Gorman letting her know that they were not able to reach a unanimous decision.

Gorman called the panel of six men and six women into the courtroom only to send them back into the deliberating room.

“The fact that you’ve taken this amount of time indicates that you are doing your job responsibly,” she said.

Gorman instructed them to continue their discussions and to send her another note if they were still having a hard time. At which point, she said, she would send them back to try again.

The jurors spent another two-and-a-half hours behind closed doors before Gorman decided to send them home for the night. She instructed them to return Thursday morning.

Allen, 30, is accused of shaking her 21-month-old son, Nathaniel, with so much force on Feb. 14, 2003, that she killed him. Allen has denied the charge all along. Her attorney has argued that the toddler could have died as the result of a pre-existing brain disorder, falls in the house or a combination of both.

The trial ended Monday afternoon, after nearly two weeks of testimony. The jurors have been deliberating for more than 15 hours.

If they continue to be deadlocked, it will be up to Justice Gorman to decide when to give up and call a mistrial. If that happens, the state can either ask for another trial, offer a plea bargain or dismiss the charge.


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