It became the first case in Pennsylvania, according to prosecutors:
• Where a juror conducted Internet research on a specific element of a case.
• Where a jury foreman misunderstood a judge’s question and said the jury had not reached a verdict on any charge Lamont Cherry faced. Court officials learned later jurors in fact found Cherry not guilty on the most serious charge, first-degree murder.
All of that led to a mistrial for Lamont Cherry.
“This was something we’ve never seen before,” Assistant District Attorney Michael Vough said. The 22-year court veteran prosecuted the case with fellow ADA Maureen Collins.
“We looked at all (other cases) and we haven’t found anything in Pennsylvania,” Vough said.
Cherry, 37, was charged with homicide in the May 2009 death of his girlfriend’s 1-year-old daughter, Zalayia McCloe. Had Cherry been convicted of first-degree murder, he could have faced the death penalty.
Now, Cherry will face another trial, but this time, on charges of third-degree murder and involuntary manslaughter, Vough said.