Dunnuck jury can't reach verdict
 

By NORMA LERNER / Dowagiac Daily News
Friday, March 17, 2006 10:40 AM EST

CASSOPOLIS - On the sixth day in the cold-case murder trial for William Whittaker, 42, who was found dead with a bullet through his head at the kitchen table of his camper trailer in Pokagon Township, Cass County Circuit Judge Michael Dodge declared a mistrial.

Michael Dunnuck, 34, a former Niles man, was charged in the murder that happened March 7, 1990.

A jury of seven men and five women were deadlocked in their decision to convict Dunnuck of either first-degree murder, second-degree murder, voluntary manslaughter or involuntary manslaughter.

They had been deliberating since late Wednesday afternoon and came back to the courtroom three times on Thursday, each time deadlocked.

This means Dunnuck is still charged in the murder, but it is up to the prosecutor to decide to reschedule another trial.

Prosecutor Victor Fitz said after the trial that he will reset the trial again.

“A mistrial is the same as a trial that never happened, and it can be done over. I am confident the case will move forward. I have strong expectations of a conviction,” he said.

It is likely the trial will be reset this summer.

Jurors disclosed to Det. Sgt. Fabian Suarez of the Michigan State Police Niles post, who investigated the case, that the overwhelming consensus was that the defendant was guilty.

He said they could not reach complete unanimity. The final count was 9 to 3 guilty.

Dunnuck remains jailed on a $500,000 bond.