Mistrial declared in Dunnuck case

Jury hung 9-3 in favor of guilty in 1990 murder.


JEFF ROMIG
Tribune Staff Writer

CASSOPOLIS -- If Michael Dunnuck is ultimately convicted of killing William Whittaker in March 1990, it will be at the hands of a different jury.

The 12 Cass County residents charged with deciding Dunnuck's fate couldn't do any better than 9-3 in favor of finding him guilty.

So, after several tries, Judge Michael Dodge officially declared the trial a mistrial shortly before 4 p.m. Thursday.

Dunnuck was remanded to the county jail as he awaits a retrial, which Cass County Prosecutor Victor Fitz said could come as early as June.

The jury's foreman said that the group ultimately agreed to disagree.

Barry French, of Niles, however, wouldn't disclose what the vote actually was.

"It wasn't even, but it wasn't one guy holding out," French said as he made his way out of the Cass County Law and Courts building.

Fitz said after an initial vote of 11-1 in favor of guilty, the jury's final vote was 9-3.

Defense Attorney Jonathan Jones, who has never worked a case in Cass County before, complimented Fitz and Dodge on their roles in the trial, which began on March 7.

Jones said his client was discouraged by the hung jury.

"Obviously, it's frustrating to him," he said.

Fitz said he believes the case was strong, and has no qualms about retrying it.

"Mr. Dunnuck will continue to be prosecuted for this murder," Fitz said. "There's no question this will move forward."

Staff writer Jeff Romig: jromig@sbtinfo.com (269) 687-7001