TAHLEQUAH, Okla. (AP) -- A Cherokee County murder trial has ended with a hung jury.
Fifty-six-year-old Robert Lee Smallen of Muskogee was charged with first-degree murder in the July 2007 death of Ronny Hall of Muskogee near the Horseshoe Bend area of Lake Tenkiller.
7/12/2007 Related story: Murder Suspect Arrested
The jury voted 10-2 on Monday, although because the jury was not polled, it isn't known if that was for or against conviction.
Smallen's attorney, Rex Earl Starr, wants District Judge Jeff Payton to allow Smallen to be released on bail. A bond hearing is set for Tuesday.
Assistant District Attorney David Pierce told Payton he plans to retry Smallen using new evidence, including phone calls made from the jail. Pierce says he wants to present those to Payton before the judge decides on the bond request.