MONROE - The jury in the Casey Shelton case told Circuit Court Judge James Beer at about 12:45 p.m. Saturday that it is unable to make a decision.
The six men and six women had been deliberating for nearly three hours Saturday, after about five hours on late Friday night into the early morning.
Beer sent jury members back into deliberations Saturday afternoon, but told attorneys he'll realease the jury if it can't reach a verdict soon, increasing the prospect of a hung jury.
If this jury can't reach a decision, it would force a retrial.
The jury is trying to determine if Shelton is guilty of first-degree reckless homicide in connection to the death of his 2-month-old son. Deliberations began after a fifth day of testimony and closing arguments Friday.
Shelton, 32, Brodhead, is charged with the class B felony in connection with the Feb. 28, 2007, death of his son Christopher. He faces 60 years in prison, if convicted.
On Friday, Green County District Attorney Jeff Kohl told the jury that Shelton was guilty.
"The victim was Christopher, whose father showed what he thought about him and showed his regard for human life," Green County Assistant District Attorney Jeff Kohl told the jury in his closing argument.
Defense attorney Michael Murphy told the jury the state failed to prove its case.
"Casey didn't cause the death and the state failed miserably," Murphy said of the case against his client.
Shelton was alone with the children when he called 911 at about 6:30 p.m. Feb. 28, 2007, for an ambulance at their residence in Decatur township because Christopher had stopped breathing. Shelton told emergency responders Christopher began to choke while he was being fed. Christopher was pronounced dead later that evening at Mercy Hospital in Janesville.
Christopher's mother, Amy Uptegraw, had left the residence for work at about 11 a.m. that day.
Kohl said the state's witnesses, evidence and testimony by forensic pathologist Robert Corliss proved that Shelton injured his son and the injury led to the Christopher's death. Corliss testified that Christopher died from bleeding on both sides of the brain that was caused by a very recent trauma, Kohl told the jurors.
Uptegraw testified, and had told investigators, that Shelton was abusive to her and the children.
Kohl said there wasn't a rush to judgment to pin the blame for Christopher's death on Shelton, as Murphy suggested in his opening remarks Monday.
"Casey was the only one with the child and Christopher was fine until 6 p.m.," Kohl said. "By 6:30 he was dead.
"We have a cooing, bright-eyed baby at 11 and a dead body by 6:30 p.m."
Kohl said the jury shouldn't look for other suspects. He accused the defense of using innuendo to try to point the blame toward Uptegraw. The defense also tried to create doubts about her credibility, he said.
"Amy made excuses for Casey," Kohl said. "She was scared of him. She knew she would be beaten (if she told detectives abuse Shelton's abusing the children)," he said. "She believed him when he said he was sorry and would never do it again. Unfortunately she believed him."
Murphy told the jurors being scared isn't an excuse, and said her claims Shelton was abusive couldn't be supported by any witnesses.
"A man's life is at stake," Murphy said. "This was a rush to judgment. Casey was failed by the county.
"Casey wouldn¹t have killed his son, his 'little buddy,' as Amy referred to his relationship with Christopher."
Murphy said testimony from Dr. Robert Plunkett for the defense Thursday suggested Christopher died of a chronic injury rather than a recent injury.
"We shouldn't be surprised that two doctors have a difference of opinion," he told the jury.
After delays for most of the morning, Friday's proceedings began just before noon with the jury viewing two and a half hours of a videotape of Uptegraw telling Green County Sheriff's Department detectives on April 20, 2007, that Shelton abused the children and her.
Murphy questioned Uptegraw, trying to find inconsistencies in her statements.
Uptegraw told detectives Terry Argue and Kevin Bohren that Shelton threw Christopher's twin brother, Charles, to the floor on Feb. 26 and then refused to let her take the baby to the doctor or call an ambulance; held the children up by their feet; stuffed rags in their mouths when they would cry; and often carried the boys by the front of their sleepers.
She said there were times when one of the babies would cry and Shelton would take the baby into the bedroom. She said she thought she heard him slap the children.
Under cross examination, Uptegraw said she never actually saw Shelton slap the children, but thought he had slapped them. She said she never saw any marks on the children to indicate that Shelton had actually slapped them. Uptegraw also told detectives Shelton verbally and physically abused her.
Shelton also faces charges in connection to injuries sustained by Christopher's twin brother, Charles. A three-day trial for those charges is scheduled to begin Feb. 4.
He is charged with two counts of child abuse, one a class G felony and the other a class H felony. He faces up to 16 years in prison and up to $25,000, if convicted.
The six men and six women had been deliberating for nearly three hours Saturday, after about five hours on late Friday night into the early morning.
Beer sent jury members back into deliberations Saturday afternoon, but told attorneys he'll realease the jury if it can't reach a verdict soon, increasing the prospect of a hung jury.
If this jury can't reach a decision, it would force a retrial.
The jury is trying to determine if Shelton is guilty of first-degree reckless homicide in connection to the death of his 2-month-old son. Deliberations began after a fifth day of testimony and closing arguments Friday.
Shelton, 32, Brodhead, is charged with the class B felony in connection with the Feb. 28, 2007, death of his son Christopher. He faces 60 years in prison, if convicted.
On Friday, Green County District Attorney Jeff Kohl told the jury that Shelton was guilty.
"The victim was Christopher, whose father showed what he thought about him and showed his regard for human life," Green County Assistant District Attorney Jeff Kohl told the jury in his closing argument.
Defense attorney Michael Murphy told the jury the state failed to prove its case.
"Casey didn't cause the death and the state failed miserably," Murphy said of the case against his client.
Shelton was alone with the children when he called 911 at about 6:30 p.m. Feb. 28, 2007, for an ambulance at their residence in Decatur township because Christopher had stopped breathing. Shelton told emergency responders Christopher began to choke while he was being fed. Christopher was pronounced dead later that evening at Mercy Hospital in Janesville.
Christopher's mother, Amy Uptegraw, had left the residence for work at about 11 a.m. that day.
Kohl said the state's witnesses, evidence and testimony by forensic pathologist Robert Corliss proved that Shelton injured his son and the injury led to the Christopher's death. Corliss testified that Christopher died from bleeding on both sides of the brain that was caused by a very recent trauma, Kohl told the jurors.
Uptegraw testified, and had told investigators, that Shelton was abusive to her and the children.
Kohl said there wasn't a rush to judgment to pin the blame for Christopher's death on Shelton, as Murphy suggested in his opening remarks Monday.
"Casey was the only one with the child and Christopher was fine until 6 p.m.," Kohl said. "By 6:30 he was dead.
"We have a cooing, bright-eyed baby at 11 and a dead body by 6:30 p.m."
Kohl said the jury shouldn't look for other suspects. He accused the defense of using innuendo to try to point the blame toward Uptegraw. The defense also tried to create doubts about her credibility, he said.
"Amy made excuses for Casey," Kohl said. "She was scared of him. She knew she would be beaten (if she told detectives abuse Shelton's abusing the children)," he said. "She believed him when he said he was sorry and would never do it again. Unfortunately she believed him."
Murphy told the jurors being scared isn't an excuse, and said her claims Shelton was abusive couldn't be supported by any witnesses.
"A man's life is at stake," Murphy said. "This was a rush to judgment. Casey was failed by the county.
"Casey wouldn¹t have killed his son, his 'little buddy,' as Amy referred to his relationship with Christopher."
Murphy said testimony from Dr. Robert Plunkett for the defense Thursday suggested Christopher died of a chronic injury rather than a recent injury.
"We shouldn't be surprised that two doctors have a difference of opinion," he told the jury.
After delays for most of the morning, Friday's proceedings began just before noon with the jury viewing two and a half hours of a videotape of Uptegraw telling Green County Sheriff's Department detectives on April 20, 2007, that Shelton abused the children and her.
Murphy questioned Uptegraw, trying to find inconsistencies in her statements.
Uptegraw told detectives Terry Argue and Kevin Bohren that Shelton threw Christopher's twin brother, Charles, to the floor on Feb. 26 and then refused to let her take the baby to the doctor or call an ambulance; held the children up by their feet; stuffed rags in their mouths when they would cry; and often carried the boys by the front of their sleepers.
She said there were times when one of the babies would cry and Shelton would take the baby into the bedroom. She said she thought she heard him slap the children.
Under cross examination, Uptegraw said she never actually saw Shelton slap the children, but thought he had slapped them. She said she never saw any marks on the children to indicate that Shelton had actually slapped them. Uptegraw also told detectives Shelton verbally and physically abused her.
Shelton also faces charges in connection to injuries sustained by Christopher's twin brother, Charles. A three-day trial for those charges is scheduled to begin Feb. 4.
He is charged with two counts of child abuse, one a class G felony and the other a class H felony. He faces up to 16 years in prison and up to $25,000, if convicted.