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Judge declares mistrial in McPherson gambling case

Posted: Friday June 06, 2003 10:53 AM
Updated: Friday June 06, 2003 7:33 PM
  Adrian McPherson, Grady Irvin Jr. Adrian McPherson (left) and his attorney Grady Irvin Jr. will likely have to endure a second trial. AP

TALLAHASSEE, Fla. (AP) -- Former Florida State quarterback Adrian McPherson could face another gambling trial after a jury could not reach a verdict Friday.

A mistrial was declared when the jury deadlocked 5-1 for conviction.

McPherson was accused of gambling on college and professional games, including those he played in, by placing bets over the Internet.

McPherson was facing up to 60 days in jail and a $500 fine for the second-degree misdemeanor.

"It's not what I wanted it to be," McPherson said at a news conference.

Prosecutor Georgia Cappleman said the state will retry the case. McPherson's attorney, Grady Irvin Jr., said he hopes to avoid a retrial by working out an agreement with prosecutors.

Adrian McPherson

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June 3, 2003
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Judge declares mistrial in McPherson gambling case
"We will continue to stay prayerful and hopeful that this entire circus, or episode, will come to an end at some time," Irvin said.

County Judge Tim Harley declared a mistrial because the jury could not reach a verdict. Juror Ben Turner said the jury voted 5-1 to convict McPherson. Turner said he was among the majority.

The six-member panel deliberated for about 10 hours Thursday and Friday. A transcript of some testimony jurors requested earlier was read aloud to them Friday.

"Everyone agreed that the evidence presented was accurate ... and showed Adrian involved with betting," Turner said as he left the courthouse. "But unfortunately it wasn't a unanimous decision."

Cappleman was philosophical about narrowly missing a conviction.

"That's the way it goes," she said. "You've got to convince all six [jurors]."

McPherson did not testify during his trial. He still faces separate felony charges later this summer, accused in one case of stealing a check and in another of bouncing several checks.

Florida State coach Bobby Bowden testified Thursday he heard rumors McPherson was gambling in June 2002, but an investigation found nothing.

That led defense attorney Grady Irvin to ask for a mistrial because the judge had limited the prosecutors' case to alleged Internet gambling by McPherson last October and November. Harley rejected the mistrial request.

Bowden largely described McPherson's playing skills during Irvin's questioning.

Irvin asked the coach if McPherson could have thrown an interception if he wanted to, intending to show that if McPherson wanted to make Florida State lose because of his gambling, he would have had more interceptions.

Bowden said yes, McPherson could have intentionally thrown interceptions if he wanted.

Prosecutors have not accused McPherson of betting against Florida State or deliberately causing his team to lose. They have said all of his FSU bets were on the Seminoles to win.

Two of McPherson's boyhood friends, Otis Livingston and Melvin Capers Jr., testified Wednesday they knew of McPherson's gambling, including placing bets on Florida State games. They testified they and McPherson shared an Internet gambling account.

Prosecutors said McPherson used the account to bet on an Oct. 21 NFL game between Pittsburgh and Indianapolis, and on his own team's games, including the Nov. 23 contest at North Carolina State when McPherson played poorly and the Seminoles lost.

McPherson was dismissed from the Florida State team in November.

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