Third mistrial for Daniel Renteria
Reported by Lupita Murillo KVOA 4 Tucson
TUCSON - A third mistrial has been declared in the case of Daniel Renteria.
The 28-year-old man is charged in the double shooting of men, he claims had sexually abused his 3-year-old son.
On March 1, 2010, Renteria allegedly shot killed 49-year-old James "Red" Marschinke" and 40-year-old Richard Rue Junior.
Renteria says he did it in self defense. The state says the men were shot several times from close range.
One of the jurors exclusively spoke to News 4.
Eddie Pesqueira says Renteria is not guilty. He says that was the unanimous decision by the jurors on the Manslaughter charges.
But the vote on Negligent homicide was ten not guilty and two voted guilty.
Defense attorney Natasha Wrae has represented Renteria in all three trials. She says Renteria feels an element of happiness he's not been found guilty; plus there's a certain level of relief that the case is just getting better.
Wrae says that includes DNA evidence.
"It is conclusive that "Red' Marschinke's DNA, sperm was on the baby's mattress."
Evidence jurors weren't allowed to hear about.
Pesquiera just found out.
"I was really disturbed that they didn't let that come into court."
He believes had he known that information, in his opinion, "that gives Daniel every right."
Wrae has young children of her own.
"Its very disturbing because I have the pictures of the screen that was pulled back and pried open, the fact that this guy was coming through the baby's window at night and sleeping in the bed with the baby."
Since March, Renteria has been locked up in the Pima County jail. His attorney tried to get him out for Christmas, but that's not going to happen.
The defense has filed a motion to dismiss.
News-4 contacted the Pima County Attorney's office but they told us, they can't comment on the case because it's still pending.
As to whether there will be a fourth trial, no decision has been made yet.
The next court hearing is January 5th.
[2011-08-20]