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Judge declares mistrial in Tulare County cop killer case
Eric Woomer and Kyra Haas, Visalia Times-DeltaPublished 6:24 a.m. PT Dec. 3, 2019 | Updated 4:11 p.m. PT Dec. 3, 2019
Daniel Green's family wept.
Erika Sandoval nervously ran her fingers through her hair and looked back at her family as she waited Tuesday morning for Judge Joseph Kalashian to rule a mistrial.
Jurors sobbed; some shook their heads. One juror mumbled an obscenity as he walked out of the courtroom; he was noticeably angry at the judicial process.
The jury consisted of five men and eight woman, one of those being an alternate.
After months of listening to evidence and nearly a week of deliberations, one juror stood between Sandoval and life in prison. Eleven other jurors couldn't persuade the hold out, despite the judge giving them an extra day this week to try.
From day one, according to court documents, one juror said her or his mind couldn't be swayed. Kalashian, who said this trial could be his last, had no other option but to declare a mistrial.
A new trial date will be set for a second jury to weigh the evidence once more. Prosecutors confirmed they're not dropping the case.
"We are certainly disappointed on behalf of the Green family that the jury was not able to render a verdict," Tulare County District Attorney Tim Ward said. "We commend the jury for their lengthy service, especially over the holiday season. The office of the district attorney is committed to continuing the prosecution of this case."
Sandoval, 33, is accused of shooting her ex-husband, Green, an Exeter police officer, to death in his bathroom on Feb. 6, 2015.
If convicted of first-degree murder with the special circumstance of lying in wait, Sandoval faced either the death penalty or life in prison without the possibility of parole. California currently has a moratorium on death sentences.
During the trial, Sandoval took the stand and admitted to shooting and killing Green with Green's department-issued gun.
Sandoval's defense argued her actions came after years of domestic abuse by Green.
Green repeatedly became physically violent with her over the course of their five-year on-again-off-again relationship, Sandoval said. She rarely called the police because she felt that because Green was an officer, law enforcement protected him.
Still, Green was arrested twice on allegations of domestic violence. Neither case was filed. Sandoval was also arrested once on suspicion of domestic violence; that case also wasn't filed.
Sandoval was not "a victim" and painted her as the aggressor, unwilling to share custody of the couple's young son. The prosecution shared video recordings of Sandoval taunting Green and physically blocking him from leaving during heated arguments.
Sandoval may have been motivated by jealousy over a new love interest in Green's life, prosecutors also said.
Green posted a photo of him and his new girlfriend on social media just days before he was slain. A piece of paper with the woman's name and date of birth was found in Sandoval's purse.
There were hundreds of hours of recordings, thousands of texts and dozens of witnesses presented during the monthlong trial.
'I'm constantly in fear': Daniel Green told Erika Sandoval in 2012 recording
Prosecutors argued Erika Sandoval, who shot and killed her ex-husband, Exeter Police officer Daniel Green in 2015, was not a victim of extreme domestic violence.
By Brian Johnson
Thursday, November 14, 2019
On Thursday, Tulare County Assistant District Attorney David Alavezos told jurors in the Erika Sandoval trial there's a double standard in our society - one where women who kill men are presumed to be victims, and the men are abusers.
"You see comments like, 'You don't know what's going on behind closed doors'," Alavezos said. "You don't usually see those when a man kills a woman. But you do see them when a woman kills a man."
But in this case, Alavezos said, Sandoval, who shot and killed her ex-husband, Exeter Police officer Daniel Green in 2015, was not a victim of extreme domestic violence, and that the many hours of recordings jurors have heard prove as much.
"Like nobody ever wants to be around you or care for you," Sandoval is heard telling Green in 2012. "Like seriously (inaudible). Everybody wants out of your life. Everybody."
"Without Daniel's recording constantly because of lies that the defendant made about him, we'd be in the position that people always talk about-no one knows what goes on behind closed doors," Alavezos said. "But in this case, we're getting to peek through the window."
"Get away from me," Green tells Sandoval in another recording. "Do I need to let you go so you so..." Sandoval says.
"Yes I don't (inaudible)...how many times do I have to tell you that?" Green says.
In another recording from 2012, Green tells Sandoval he's taking pictures and video of his house to make sure she's doesn't destroy anything while he's gone.
"Who's living in fear in this relationship?" Alavezos said. "Ask yourself that. Who is the one who is in fear in this relationship to the point that they have to do this?"
By this point, Sandoval and Green have divorced, but Sandoval is pregnant with their son.
Sandoval asks Green to stay out of their son's life if they separate.
Green says that's not going to happen.
"Her thinking about this years before the murder, she doesn't want to share," Alavezos said. "She doesn't want him there."
The argument continues, with Green telling Sandoval she makes him hate his life.
"I'm constantly in fear, constantly in fear, alright?" Green says. "This is not a life to live for me."
"Constantly in fear of what, Daniel?" Sandoval asks Green.
"Of you (expletive) doing something to me," Green responds. "Of you accusing me of doing something to you. Of you trashing my house and breaking (expletive). And stealing stuff. And you know what? All that stuff I'm afraid of, you've done in the past, so there's a reason why I fear it."
VISALIA, Calif. (KFSN) -- A Tulare County judge declared a mistrial on Tuesday in the murder trial of Erika Sandoval.
Jurors in the case deliberated for about four days.
On Monday, the Tulare County District Attorney's office requested that one juror be replaced with an alternate juror.
But the judge kept the jury intact, and they continued deliberating until Tuesday morning.
Just before noon on Tuesday, Judge Joseph Kalashian declared a mistrial in the case, after jurors told the court they couldn't come to a conclusion on 'murder one'-meaning the first degree murder charge filed against Sandoval.
According to the jury, only one member opposed the decision to convict.
The other eleven supported a conviction.
Tulare County District Attorney Tim Ward says the mistrial is disappointing, but not discouraging.
"This is justice delayed in our mind," Ward said. "We feel that the evidence is strong, and we're going to proceed with the same theory that we had. This is justice delayed, not denied."
RELATED: Unexpected witness called in Erika Sandoval murder trial
Sandoval was arrested and charged with the murder of her ex-husband and Exeter Police Officer Daniel Green in February 2015.
The trial didn't start until October of this year.
There were dozens of witnesses, hours of audio and video recordings, and shocking twists-like when Sandoval testified that she found child *advertiser censored* in Green's safe minutes before she shot him to death.
The DA's office says the photos were never found.
But Sandoval's defense attorney says there were other photos, similar in nature, that corroborate her story.
"We were trying Ms. Sandoval for the murder of Mr. Green and it seemed at times this trial took a different turn," Ward said. "And that was almost trying to murder the memory of Mr. Green. And I can only imagine how tough that was for his family to have to sit and listen to that."
RELATED: Erika Sandoval continues to testify in her own murder trial
Ward says the final tally - 11 to one jurors favoring a conviction - supports the strong evidence they presented at trial.
Sandoval's attorney says he plans to keep fighting for his client.
"I told her, I said, 'You know, it doesn't feel like a win right now, but give it a few days, and you'll see that you're going to live to fight another day and that's a win compared to what you were facing,'" Dan Chambers said.
On Tuesday, the judge commended the jury for the time and effort they put into the case.
Chambers says the lone holdout shouldn't be criticized.
"That person had their own view of the evidence," he said. "It has to be respected. You don't have to agree with it. But you have to respect it and you can't simply write it off as 'Well, that person just didn't know what they were doing, or they felt sorry for Erika.'"
Sandoval will be back in court on January 24th for a trial setting hearing.
Eric Woomer and Kyra Haas, Visalia Times-DeltaPublished 6:24 a.m. PT Dec. 3, 2019 | Updated 4:11 p.m. PT Dec. 3, 2019
Daniel Green's family wept.
Erika Sandoval nervously ran her fingers through her hair and looked back at her family as she waited Tuesday morning for Judge Joseph Kalashian to rule a mistrial.
Jurors sobbed; some shook their heads. One juror mumbled an obscenity as he walked out of the courtroom; he was noticeably angry at the judicial process.
The jury consisted of five men and eight woman, one of those being an alternate.
After months of listening to evidence and nearly a week of deliberations, one juror stood between Sandoval and life in prison. Eleven other jurors couldn't persuade the hold out, despite the judge giving them an extra day this week to try.
From day one, according to court documents, one juror said her or his mind couldn't be swayed. Kalashian, who said this trial could be his last, had no other option but to declare a mistrial.
A new trial date will be set for a second jury to weigh the evidence once more. Prosecutors confirmed they're not dropping the case.
"We are certainly disappointed on behalf of the Green family that the jury was not able to render a verdict," Tulare County District Attorney Tim Ward said. "We commend the jury for their lengthy service, especially over the holiday season. The office of the district attorney is committed to continuing the prosecution of this case."
Sandoval, 33, is accused of shooting her ex-husband, Green, an Exeter police officer, to death in his bathroom on Feb. 6, 2015.
If convicted of first-degree murder with the special circumstance of lying in wait, Sandoval faced either the death penalty or life in prison without the possibility of parole. California currently has a moratorium on death sentences.
During the trial, Sandoval took the stand and admitted to shooting and killing Green with Green's department-issued gun.
Sandoval's defense argued her actions came after years of domestic abuse by Green.
Green repeatedly became physically violent with her over the course of their five-year on-again-off-again relationship, Sandoval said. She rarely called the police because she felt that because Green was an officer, law enforcement protected him.
Still, Green was arrested twice on allegations of domestic violence. Neither case was filed. Sandoval was also arrested once on suspicion of domestic violence; that case also wasn't filed.
Sandoval was not "a victim" and painted her as the aggressor, unwilling to share custody of the couple's young son. The prosecution shared video recordings of Sandoval taunting Green and physically blocking him from leaving during heated arguments.
Sandoval may have been motivated by jealousy over a new love interest in Green's life, prosecutors also said.
Green posted a photo of him and his new girlfriend on social media just days before he was slain. A piece of paper with the woman's name and date of birth was found in Sandoval's purse.
There were hundreds of hours of recordings, thousands of texts and dozens of witnesses presented during the monthlong trial.
'I'm constantly in fear': Daniel Green told Erika Sandoval in 2012 recording
Prosecutors argued Erika Sandoval, who shot and killed her ex-husband, Exeter Police officer Daniel Green in 2015, was not a victim of extreme domestic violence.
By Brian Johnson
Thursday, November 14, 2019
On Thursday, Tulare County Assistant District Attorney David Alavezos told jurors in the Erika Sandoval trial there's a double standard in our society - one where women who kill men are presumed to be victims, and the men are abusers.
"You see comments like, 'You don't know what's going on behind closed doors'," Alavezos said. "You don't usually see those when a man kills a woman. But you do see them when a woman kills a man."
But in this case, Alavezos said, Sandoval, who shot and killed her ex-husband, Exeter Police officer Daniel Green in 2015, was not a victim of extreme domestic violence, and that the many hours of recordings jurors have heard prove as much.
"Like nobody ever wants to be around you or care for you," Sandoval is heard telling Green in 2012. "Like seriously (inaudible). Everybody wants out of your life. Everybody."
"Without Daniel's recording constantly because of lies that the defendant made about him, we'd be in the position that people always talk about-no one knows what goes on behind closed doors," Alavezos said. "But in this case, we're getting to peek through the window."
"Get away from me," Green tells Sandoval in another recording. "Do I need to let you go so you so..." Sandoval says.
"Yes I don't (inaudible)...how many times do I have to tell you that?" Green says.
In another recording from 2012, Green tells Sandoval he's taking pictures and video of his house to make sure she's doesn't destroy anything while he's gone.
"Who's living in fear in this relationship?" Alavezos said. "Ask yourself that. Who is the one who is in fear in this relationship to the point that they have to do this?"
By this point, Sandoval and Green have divorced, but Sandoval is pregnant with their son.
Sandoval asks Green to stay out of their son's life if they separate.
Green says that's not going to happen.
"Her thinking about this years before the murder, she doesn't want to share," Alavezos said. "She doesn't want him there."
The argument continues, with Green telling Sandoval she makes him hate his life.
"I'm constantly in fear, constantly in fear, alright?" Green says. "This is not a life to live for me."
"Constantly in fear of what, Daniel?" Sandoval asks Green.
"Of you (expletive) doing something to me," Green responds. "Of you accusing me of doing something to you. Of you trashing my house and breaking (expletive). And stealing stuff. And you know what? All that stuff I'm afraid of, you've done in the past, so there's a reason why I fear it."
VISALIA, Calif. (KFSN) -- A Tulare County judge declared a mistrial on Tuesday in the murder trial of Erika Sandoval.
Jurors in the case deliberated for about four days.
On Monday, the Tulare County District Attorney's office requested that one juror be replaced with an alternate juror.
But the judge kept the jury intact, and they continued deliberating until Tuesday morning.
Just before noon on Tuesday, Judge Joseph Kalashian declared a mistrial in the case, after jurors told the court they couldn't come to a conclusion on 'murder one'-meaning the first degree murder charge filed against Sandoval.
According to the jury, only one member opposed the decision to convict.
The other eleven supported a conviction.
Tulare County District Attorney Tim Ward says the mistrial is disappointing, but not discouraging.
"This is justice delayed in our mind," Ward said. "We feel that the evidence is strong, and we're going to proceed with the same theory that we had. This is justice delayed, not denied."
RELATED: Unexpected witness called in Erika Sandoval murder trial
Sandoval was arrested and charged with the murder of her ex-husband and Exeter Police Officer Daniel Green in February 2015.
The trial didn't start until October of this year.
There were dozens of witnesses, hours of audio and video recordings, and shocking twists-like when Sandoval testified that she found child *advertiser censored* in Green's safe minutes before she shot him to death.
The DA's office says the photos were never found.
But Sandoval's defense attorney says there were other photos, similar in nature, that corroborate her story.
"We were trying Ms. Sandoval for the murder of Mr. Green and it seemed at times this trial took a different turn," Ward said. "And that was almost trying to murder the memory of Mr. Green. And I can only imagine how tough that was for his family to have to sit and listen to that."
RELATED: Erika Sandoval continues to testify in her own murder trial
Ward says the final tally - 11 to one jurors favoring a conviction - supports the strong evidence they presented at trial.
Sandoval's attorney says he plans to keep fighting for his client.
"I told her, I said, 'You know, it doesn't feel like a win right now, but give it a few days, and you'll see that you're going to live to fight another day and that's a win compared to what you were facing,'" Dan Chambers said.
On Tuesday, the judge commended the jury for the time and effort they put into the case.
Chambers says the lone holdout shouldn't be criticized.
"That person had their own view of the evidence," he said. "It has to be respected. You don't have to agree with it. But you have to respect it and you can't simply write it off as 'Well, that person just didn't know what they were doing, or they felt sorry for Erika.'"
Sandoval will be back in court on January 24th for a trial setting hearing.