LEESBURG, GA (WALB) - A do-over is underway in Lee County Superior Court, after the judge declared a mistrial in the case against Timothy French on May first.
The state says he brutally stabbed and robbed 82-year-old A. J. Mosley in Mosley's Smithville home in 2008.
Judge Rucker Smith tried to convince the first jury to keep trying to reach a verdict, which they couldn't do. "I think with the work and effort y'all have put into this and everyone else has put into this, we'd love to get anything, one way or the other, anywhere. Any hope of sending you back out?"
The first jury foreman responded by saying, "Talking with the group, I want to make sure I say this the right way. Everyone is pretty set with where they are."
Prosecutors say DNA evidence on Mosley's pants linked French to the crime. Investigators also found Mosley's burned wallet near French's house.
Prosecutors say French went to rob Mosley and wound up stabbing and killing in the process-- all while high on cocaine.