Mistrial Puts Focus On New Law In Oregon

EUGENE - A judge says the mistrial he declared in the case of a mother accused of the torture slaying of her 3-year-old daughter may be the first application of a 1997 law that bars jurors from considering lesser charges.

Lane County Circuit Judge Pierre Van Rysselberghe said the revised law passed by the last Legislature forces deadlocked juries to acquit a defendant before considering lesser charges.

"The Legislature created a conundrum," he said.

Van Rysselberghe declared the mistrial Monday after one juror informed the judge that he didn't agree with the 11 other jurors ready to convict Stella Ann Kiser of aggravated murder in the 1997 death of Kiser's daughter, Tesslynn.

The judge said the revised statute approved by the Legislature prevented the jury from considering lesser charges of manslaughter or criminally negligent homicide.

Previously, jurors were permitted to consider lesser charges if they either voted not guilty or could not reach an agreement on the more serious charge.

Van Rysselberghe, who has been a judge for more than 30 years, predicted the law could cause gridlock in trials all over the state.

"The result is that if you have one juror out of step, essentially what you've got is a hung jury," he said.

Robert Gorham, the deputy district attorney who tried the case, said the revised statute was written so that juries could not strike a bargain in the jury room to end a trial more quickly. He agreed that it probably will increase the number of mistrials.

But, he said, "I think this particular jury would have hung no matter what, so serious were their differences."

Gorham said a new trial for aggravated murder will most likely be set for April or May.

Last November, Kiser's former boyfriend, 21-year-old Jesse Compton, was sentenced to death for his role in the torture and killing of Tesslynn.