Judge declares mistrial in child cruelty case of Cledir Barros
Hung jury prompts new trial in rolling pin beating death
Due to a deadlocked jury, a mistrial was declared in the case of Cledir Barros who was accused of being aware that his wife was abusing their daughter who was ultimately beat to death with a rolling pin. The new trial is set to begin August 19, 2024.
GWINNETT COUNTY, Ga. - A mistrial has been declared in the high-profile case of Cledir Barros in Gwinnett County after day-long deliberation, which continued to come up deadlocked.
The decision for a mistrial came down just after 5 p.m. Monday after the jury told the judge they were mentally exhausted and were deadlocked 11-1. They said they were unable to reach a consensus since Friday.
When asked, the foreperson told the judge that no amount of time would help the jury reach a consensus.
"Based on the length of the trial, the complexity of the issues, the length of time the jury has deliberated before declaring themselves deadlocked, and actually, the subsequent time after that they've been deliberating, in addition to the foreperson indicating that additional time would not be helpful in overcoming the deadlock. I hereby declare a mistrial in this case," said Fulton County Superior Court Judge Karen Beyers.
Around noon, the judge issued an Allen charge, a set of instructions given to a jury that cannot reach a unanimous verdict, in an effort to encourage further deliberation.
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The main goal of an Allen Charge is to urge jurors to re-examine their positions and work towards a consensus. It reminds jurors of their duty to deliberate with an open mind, considering the views of other jurors, and to strive to reach a unanimous decision, if possible, without compromising their honest convictions, according to Verghese/Summersett.
The jury then asked to view audio and video evidence for about two hours, including the 911 call Cledir made, the body camera video when the detectives arrived at their home, and an interview with one of Cledir's daughters.
The jury had been deliberating since late last week without reaching a consensus, leading the defense to request a mistrial. However, the judge denied the motion, deeming it premature, and instead directed the jury to return and continue deliberating.
The case centers around 34-year-old Natalia Barros, who was charged with murder in January after allegedly beating her stepdaughter with a wooden rolling pin. The prosecution argues that Barros’ husband, Cledir, was aware of the abuse but still left his daughter in her care. The defense counters that Cledir Barros never witnessed any abuse and was unaware of the alleged incidents.
Natalia faces felony murder and child cruelty charges in her stepdaughter's death. She has not gone to trial at this time.
A new jury is expected to be seated on Aug. 29, just before Labor Day weekend.