A state judge declared a mistrial Tuesday in the criminal solicitation trial of document courier Anthony Mark Albert after the jurors said they could not reach a verdict.
Albert was on trial on two counts of trying to hire someone to kill his ex-wife’s boyfriend. He represented himself in the trial.
On one of the charges, the prosecutor played for the jurors a video of Albert talking with an undercover police officer posing as a hit man on March 6, 2007.
The other charge was based on recorded statements of a police informant.
The jurors were split 6-6 on the charge involving the video and 11-1 in favor of acquittal on the other charge, said a juror who asked not to be identified.
In the video, Albert suggested that someone stab his ex-wife’s boyfriend at the boyfriend’s Sand Island business and make it look like the stabbing occurred during a robbery to deflect any suspicion from himself. He said he could pay $15,000 for the job.
Albert told the jury that police entrapped him and that on the second charge, the informant set him up in a deal with police in exchange for having charges for drunken driving and marijuana possession dropped.
He said despite the best efforts of the undercover officer, not once during their nearly two-hour recorded conversation did he say, “I want you to kill somebody.”
During their deliberations the jurors twice asked for a transcript of Albert’s testimony. Circuit Judge Colette Garibaldi denied their requests.
Albert testified that he deceived the undercover officer during their conversation because he believed the person was working with the informant, who had previously extorted money from him, to try to get even more money from him. He said he did not know the person posing as a hit man was a police officer, but knew he was not a real hit man because of his clumsy attempts to pretend not knowing about the H-1 freeway, Oahu streets and locations of Zippy’s restaurants.
The prosecutor also played for jurors two audio recordings and presented to them a transcript of a third statement of the informant, Charles Ah Yun, who told police that Albert had paid him and a friend $5,400 to kill his ex-wife’s boyfriend but that they accepted the money without intending to do the job.
Ah Yun died last year of a heart attack, and the prosecutor said police were unable to locate the friend.