BELLEVILLE, Ill. (AP) -- A St. Clair County judge has declared a mistrial in the southwestern Illinois case of a man accused of being on heroin while killing a 5-month-old girl.
Judge Michael Cook declared the mistrial early Saturday in 26-year-old Kenneth Zook's case. The Belleville News-Democrat reports jurors deliberated for nearly 10 hours before Cook declared the mistrial at 1:53 a.m. because they couldn't reach a verdict. Zook was charged in the 2008 death of Alayna Frazier.
Prosecutor argued Zook admitted shaking the baby because she wouldn't stop crying. But Defense attorney Thomas Keefe III said Zook and the baby's mother, Kayla Frazier, used heroin the day in question. Keefe says Zook blacked out from the heroin and dropped the baby or fell on top of her.