Arbuckle seemed to give up on his passion and took odd jobs to get by. His comedies are noted as rollicking and fast-paced, have many chase scenes, and feature sight gags. Although cleared, Arbuckle faced ruinous legal bills and a public still widely convinced of his guilt. [6], In 1916, Rappe moved to San Francisco to pursue her career as an artist's model. Even today, publications re-examining the scandal often come to completely different conclusions regarding Fatty Arbuckles guilt or innocence. Posters for his movies billed the 266-pound comedian as worth his weight in laughs. But before the year was out, he was accused of a crime so monstrous that he would never appear onscreen again. Arbuckle was soon arrested and charged with the murder of Virginia Rappe. When Arbuckle portrayed a female, the character was named "Miss Fatty", as in the film Miss Fatty's Seaside Lovers. Silent film star Fatty Arbuckle indicted - the Guardian And though she didn't improve, she wasn't taken to the hospital for three days because most people who visited her considered her condition to be caused by liquor. Dr. Arthur Beardslee, the hotel doctor who had examined Rappe, testified that an external force seemed to have damaged the bladder. [48] That night he went out with friends to celebrate his first wedding anniversary and the new Warner Bros. contract when he reportedly said: "This is the best day of my life." But the greatest moment is . He then claimed Rappe told him she felt ill and asked to lie down, and that he carried her into the bedroom and asked a few of the party guests to help treat her. Arbuckle however, testified that he had gone into his bathroom and found Rappe already there on the floor, vomiting. According to party guest Maude Delmont, after a few drinks, Arbuckle strong-armed Virginia Rappe into his room with the sinister utterance Ive waited for you five years, and now Ive got you. After 30 minutes or so, Delmont became concerned upon hearing screams from behind the closed door of Arbuckles room and started knocking. [3] The defense had also obtained a letter from Delmont admitting to a plan to extort payment from Arbuckle. [40] The same year, in Photoplay's August issue, James R. Quirk wrote: "I would like to see Roscoe Arbuckle make a comeback to the screen." Now that illusion was shattered and studio bosses were terrified it would destroy Hollywood itself.". Learn more about the collections in Calisphere. That evening, the three men, Arbuckle, Lowell Sherman and Fred Fischbach, had invited several women to the party. Rosenberg, Jennifer. McNab also managed to get in still more evidence about Rappe's lurid past and medical history. Rappe was not hospitalized until two days after the incident.[3]. Spite Work: The Trials of Virginia Rappe and Fatty Arbuckle Nevertheless, the controversy surrounding his possible guilt and the case as a whole continues on. In Good Company While at Universal, Arbuckle worked under comedy pioneer Mack Sennett. [6] This film was not released until 1920, when Balshofer recut it and released it under the title An Adventuress, and later in 1922, after Rappe's death, as The Isle of Love.[7]. Virginia Caroline Rappe ( / rpe /; July 7, 1891 - September 9, 1921) [2] was an American model and silent film actress. The defense was so convinced of an acquittal that Arbuckle was not called to testify. Mack Sennett, when recounting his first meeting with Arbuckle, noted that he "skipped up the stairs as lightly as Fred Astaire" and that he "without warning went into a feather light step, clapped his hands and did a backward somersault as graceful as a girl tumbler". Nicknamed Madame Black, Delmont already had a reputation for procuring girls for Hollywood parties, using those girls to instigate scandalous acts, and then blackmailing celebrities anxious to keep those acts quiet. Ultimately, the judge found no evidence of rape. By 1930, Arbuckle sold his interest and it became known as George Olsen's Plantation Caf, later The Plantation Trailer Court and then Foreman Phillips County Barn Dance. Arbuckle's lawyers found physicians in San Francisco for authority and physicians in Chicago who would state for the record that they treated or may have treated Virginia Rappe between 1908 and 1914. Search instead in Creative? Prices $1.50, $1.00, 75 cents. The first two cases ended in hung juries. Though Arbuckle had begun a come-back and had signed with Warner Brothers in 1933 to act in some comedy shorts, he was never to see his popularity regained. Oh, I thought he was magnificent in films. During the silent era, comedian Roscoe Fatty Arbuckle once raked in the big bucks. [citation needed] In December of the same year, under public pressure, Hays elected to lift the ban. According to Buster Keaton, Hearst boasted that Arbuckle's story sold more papers than thesinking of the Lusitania. He had recently signed a deal with Paramount Pictures for a whopping $1 million (about $13 million today), an unheard-of sum at the time. He was a wonderful dancera wonderful ballroom dancer, in his heyday. During closing statements, McNab reviewed how flawed the case was against Arbuckle from the very start and how Brady fell for the outlandish charges of Delmont, whom McNab described as "the complaining witness who never witnessed". Gina Dimuro is a New York-based writer and translator. The couple eventually became engaged and lived together, but in the United States Census of 1920, the young actress is listed as a "Boarder" in Lehrman's home in Los Angeles. But a scandal and false rumors destroyed his career. The first Arbuckle trial began on November 1921 and charged Arbuckle with manslaughter. At the time of his acquittal, he owed over $700,000 (equivalent to approximately $11,300,000 in 2021 dollars[15]) in legal fees to his attorneys for the three criminal trials, and he was forced to sell his house and all of his cars to pay some of the debt. THE LONG FALL OF ROSCOE "FATTY" ARBUCKLE. Public safetyLast week a 34-year-old mother was killed in North Rhine-Westphalia when a German-born man with Serbian roots pushed her into the path of an oncoming train. Actor: Coney Island. On Thursday, Rappe was taken to the Wakefield Sanitorium, a maternity hospital known for giving abortions. [59], In April and May 2006, the Museum of Modern Art in New York City mounted a 56-film, month-long retrospective of all of Arbuckle's known surviving work, running the entire series twice. After three manslaughter trials, Arbuckle was formally acquitted; his acquittal in the third trial was accompanied by an unprecedented statement of apology from the jury stating, in part, that, "Acquittal is not enough for Roscoe Arbuckle. Another witness who testified during the first trial, a former Culver Studios security guard named Jesse Norgard, testified that Arbuckle had once shown up at the studio and offered him a cash bribe in exchange for the key to Rappe's dressing room. Durfee starred in many early comedy films, often with Arbuckle. It is reported that the jurors voted in favour of the indictment by twelve votes to two. 'Fatty' Arbuckle and Hollywood's first scandal - BBC News During a party held on Labor Day, September 5, 1921, in Roscoe "Fatty" Arbuckle's suite at the St. Francis Hotel in San Francisco, Rappe allegedly suffered a trauma. [3], On November 28, Arbuckle testified as the defense's final witness. Virtually the only indisputable facts seem to be that on September 5, 1921, there was a party at the St. Francis Hotel in San Francisco where alcohol was in abundance (despite Prohibition laws) and that both Arbuckle, then age 33, and a woman named Virginia Rappe were in attendance. Charlie Chaplin, who was in Britain at the time, told reporters that he could not and would not believe Arbuckle had anything to do with Rappe's death; having known Arbuckle since they both worked at Keystone in 1914, Chaplin "knew Roscoe to be a genial, easy-going type who would not harm a fly. [54], In Ken Russell's 1977 biopic Valentino, Rudolph Nureyev as a pre-movie star Rudolph Valentino dances in a nightclub before a grossly overweight, obnoxious, and hedonistic celebrity called "Mr. Fatty" (played by William Hootkins), a caricature of Arbuckle rooted in the public view of him created in popular press coverage of the Rappe rape trial. "[27] Buster Keaton reportedly did make one public statement in support of Arbuckle's innocence, a decision which earned him a mild reprimand from the studio where he worked. Best remembered for the scandal surrounding the death of an aspiring actress that ended his career, Roscoe "Fatty" Arbuckle was actually one of early Hollywood's biggest stars even before the likes of Charlie Chaplin and Buster Keaton earned a similar stature. Arbuckle testified, repeating his side of the story. "[21], On September 5, 1921, Arbuckle took a break from his hectic film schedule and, despite suffering from second-degree burns to both buttocks from an on-set accident, drove to San Francisco with two friends, Lowell Sherman and Fred Fishback. Roscoe "Fatty" Arbuckle was born into poverty in Kansas After it was signed, he. Around 3 o'clock, Arbuckle retired from the party in order to get dressed to go sight-seeing with a friend. Rooms 1219 and 1221 were for them, and room 1220 was to be used for a party room. In her case it wasn't due to the public censure brought on by American clubwomen and clergymen. Roscoe Arbuckle - Simple English Wikipedia, the free encyclopedia Arbuckle was charged with first-degree murder, eventually reduced to manslaughter. The Eureka High girls' baseball team was in contention to win the title in 1923, following . Few know he was eventually acquitted of his crimes (after three trials). [45] On June 21, 1932, Roscoe married Addie Oakley Dukes McPhail (later Addie Oakley Sheldon, 19052003) in Erie, Pennsylvania. 168 Fatty Arbuckle Photos and Premium High Res Pictures - Getty Images All News Archival Browse 168 fatty arbuckle stock photos and images available, or start a new search to explore more stock photos and images. "Scandal hits industry," blared a Sept. 16, 1921, Variety. Retrieved from https://www.thoughtco.com/fatty-arbuckle-scandal-1779625. The conflicting accounts, tabloid exaggerations, and general furor surrounding the crime that ended Arbuckles acting career make it difficult to determine what actually happened that fateful day. View our statement on digital primary resources. [32], The second trial began January 11, 1922, with a new jury, but with the same legal defense and prosecution as well as the same presiding judge. In his room, Arbuckle discovered Rappe in the bathroom vomiting into the toilet. Rappe was not taken to the hospital on that day. In the words of his first wife, "Roscoe only seemed to find solace and comfort in a bottle". After famed operatic tenor Enrico Caruso heard him sing, he urged the comedian to "give up this nonsense you do for a living, with training you could become the second greatest singer in the world. Babylon: Was 1920s Hollywood Really as Decadent as in the Film? - Variety Luckily for Arbuckle's lawyers, the case was riddled with holes. Rosenberg, Jennifer. He was in the habit of singing while he worked, and a professional singer heard him and invited him to perform in an amateur talent show. Newspapers across the country went wild. Another partygoer soon accused Fatty Arbuckle of raping and killing her and he was tried three different times for those crimes. Another hole in the prosecution's case was opened because Prevon, a key witness, was out of the country after fleeing police custody and unable to testify. Video, 'Trump or bust' - grassroots Republicans are still loyal, Alex Murdaugh jailed for life for double murder, AOC under investigation for Met Gala dress, Mother who killed her five children euthanised, Ukraine repels 'numerous attacks' in Bakhmut, Zoom boss Greg Tomb fired without cause, The children left behind in Cuba's exodus, Biden had skin cancer lesion removed - White House, US sues Exxon over nooses found at Louisiana plant. Jennifer Rosenberg is a historian and writer who specializes in 20th-century history. The trial was thorough and Arbuckle took the stand to share his side of the story. . Although Arbuckle was never tried for sexual assault, this notion has endured, largely because of how the trial was reported at the time. [4][5] At 18, she began working as a commercial and art model. Arbuckle was one of the most popular silent stars of the 1910s and one of the highest-paid actors in Hollywood, signing a contract in 1920 with Paramount Pictures for $1,000,000 a year (equivalent to $13,527,000 in 2021). After three trials Arbuckle was finally acquitted on April 12, 1922 but not until his reputation was destroyed and his movies were banned. Somebody did very well, finding out about or remembering this apposite clip. The earliest known pie thrown in film was in the June 1913 Keystone one-reeler A Noise from the Deep, starring Arbuckle and frequent screen partner Mabel Normand. plus-circle Add Review. 15,645 were here. One of Arbuckle's feature-length films known to survive is Leap Year, which Paramount declined to release in the U.S. owing to the scandal. While Hubbard offered explanations on her vote whenever challenged, Kilkenny remained silent and quickly faded from the media spotlight after the trial ended. Keaton attempted to help Arbuckle by giving him work on his films. Arbuckle was one of the most popular silent stars of the 1910s. At some point, Arbuckle and Rappe ended up together in a bedroom from where, a few minutes later, her screams were heard. Posters for his movies billed the 266-pound comedian as "worth his weight in laughs." McNab took an aggressive defense, completely tearing apart the prosecution's case with long and aggressive examination and cross-examination of each witness. [6], Arbuckle was nearly two when his family moved to Santa Ana, California. Despite his popularity, no future Arbuckle films were to be released, the letter stated. In fact, witnesses testified that Arbuckle rubbed the ice on Rappe's stomach to ease her abdominal pain. Among the guests was Virginia Rappe, a 30-year-old struggling actress who suffered from chronic cystitis, a bladder inflammation. The third jury took the unusual step of giving Arbuckle a written statement of apology for his treatment by the justice system. Wikipedia, the Free Encyclopedia. Virginia Caroline Rappe (/rpe/; July 7, 1891 September 9, 1921)[2] was an American model and silent film actress. Today, even people familiar with the name of Fatty Arbuckle believe the worst of him. Arbuckle calmly maintained that he never physically hurt or sexually assaulted Rappe in any way during the party, and he also stated that he never made any inappropriate sexual advances against any woman in his life. It was on 5 September 1921, that Arbuckle ended up at a party in a luxury suite on the 12th floor of the St Francis, after taking a break from a hectic filming schedule. By clicking Accept All Cookies, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. In the newspapers, Arbuckle was assumed guilty and Virginia Rappe was an innocent, young girl. Arbuckle hated the nickname "Fatty" and insisted that his friends and acquaintances always address him by his real first name, Roscoe. [34] With Arbuckle's films now banned, in March 1922 Keaton signed an agreement to give Arbuckle thirty-five percent of all future profits from his production company, Buster Keaton Comedies, in hopes of easing his financial situation. For this trial, the jury deliberated for only a couple of minutes and came back with a verdict of not guilty. A friend of Rappe accused Arbuckle of raping and accidentally killing her. When he was a teenager, Arbuckle traveled the West Coast on the vaudeville circuit. He soon became one of the highest paid actors in Hollywood. The restaurant was named after Roscoe "Fatty" Arbuckle, one of the most successful silent film actors in the 1910s. ThoughtCo, Sep. 2, 2021, thoughtco.com/fatty-arbuckle-scandal-1779625. Arbuckle wrote the story for a Keaton short called Day Dreams (1922). We feel also that it was only our plain duty to give him this exoneration, under the evidence, for there was not the slightest proof adduced to connect him in any way with the commission of a crime. The 30-year-old former host of "Cheaters" was laid to rest Saturday in Provo, Utah during a private ceremony. [26], Brady's first witnesses during the trial included Betty Campbell, a model, who attended the party and testified that she saw Arbuckle with a smile on his face hours after the alleged rape occurred; Grace Hultson, a local hospital nurse who testified it was very likely that Arbuckle raped Rappe and bruised her body in the process; and Dr. Edward Heinrich, a local criminologist who claimed that the fingerprints on the door to the hallway proved that Rappe had tried to flee, but that Arbuckle had stopped her by putting his hand over hers. He just sat in his director's chair like a dead man. Virginia Rappe was a 26-year old aspiring actress and model, originally from Chicago, who had a reputation as something of a party girl. He suffered a heart attack later that night and died in his sleep. [53] In this film, James Coco portrays a heavy-set silent film comedian named Jolly Grimm whose career is on the skids, but who is desperately planning a comeback. Addie McPhail, 97; Actress, Last Wife of 'Fatty' Arbuckle 1921. The doctor examined Rappe but found no evidence of rape. His first part was with the Webster-Brown stock company. Arbuckle's rehabilitation was finally complete when Warner Bros offered him a feature-film contract in 1933. On September 5, 1921, Roscoe Conkling Arbuckle, known as Fatty, a known comedian, actor, director and screen writer, and two others rented three rooms in the St. Francis Hotel. The Arbuckle family moved to the Los Angeles area (Santa Ana, California) when Roscoe was 8. 'Fatty' Arbuckle in silent film The Waiters' Ball, from 1916. At least Arbuckle didn't have to deal with Twitter.". [60], Arbuckle is the subject of a 2004 novel titled I, Fatty by author Jerry Stahl. It was then that she was taken to a hospital where doctors originally thought she had alcohol poisoning from the bootleg liquor. At this point in time she came to know Roscoe "Fatty" Arbuckle who had worked at Keystone with her fiance Henry Lehrman. Fatty Arbuckle got his first break while working at the hotel. Arbuckle discouraged anyone from addressing him as "Fatty" off-screen, and when they did so his usual response was, "I've got a name, you know. The Death Of Virginia Rappe And The Trial Of Fatty Arbuckle. 1977. But overnight, the roly-poly buffoon adored by children across America was public enemy number one, and people were spitting in his face outside court. "Arbuckle was just a film star who was in the wrong place at the wrong time," says Pearson. A lot on their plate: Fatty Arbuckle's - Let's Look Again His early influence on American slapstick comedy is widely recognised. Arbuckle was the defendant in three widely publicized trials between November 1921 and April 1922 for the rape and manslaughter of actress Virginia Rappe. During cross-examination, Assistant District Attorney Leo Friedman aggressively grilled Arbuckle over the fact that he refused to call a doctor when he found Rappe sick, and argued that he refused to do so because he knew of Rappe's illness and saw a perfect opportunity to rape and kill her. It was determined that Rappe had died from a ruptured bladder. Silent-film comedian Al St. John (Arbuckle's nephew) and actors Lionel Stander and Shemp Howard appeared with Arbuckle. Following Rappe's death, rumors arose, supposedly to besmirch her character, that she had given birth in Chicago in 1918 and put the baby in foster care. Norgard said he refused to give him the key. [citation needed], Arbuckle and Dan Coombs, one of Culver City's first mayors, re-opened the Plantation Club near the Metro-Goldwyn-Mayer studios on Washington Boulevard as Roscoe Arbuckle's Plantation Caf on August 2, 1928. [30] At the beginning of the trial Arbuckle told his already-estranged wife, Minta Durfee, that he did not harm Rappe; she believed him and appeared regularly in the courtroom to support him. Read about our approach to external linking. The Skinny on the Fatty Arbuckle Trial - Smithsonian Magazine [39], Arbuckle tried returning to filmmaking, but industry resistance to distributing his pictures continued to linger after his acquittal. [3] As in the first trial, Arbuckle testified as the final witness and again maintained his denials in his heartfelt testimony about his version of the events at the party. The movies were so lucrative and popular that in 1918 they offered Arbuckle a three-year, $3million contract (equivalent to about $54,000,000 in 2021 dollars[15]). Probably assuming Rappe would simply sleep it off, Arbuckle drove Taub into town. He later worked as a film director under the pseudonym William Goodrich. Additionally, the jury wrote an apology to Arbuckle: Being acquitted was not the end to Roscoe "Fatty" Arbuckle's problems. Minta Durfee, the actress who was married to Roscoe (Fatty) Arbuckle and became Charlie Chaplin's first motionpicture leading lady, died Tuesday in Woodland Hills, a Los Angeles suburb. Film actor William S. Hart, who had never met or worked with Arbuckle, made a number of damaging public statements in which he presumed that Arbuckle was guilty. With the scandal as front-page news on almost every newspaper, it was difficult to get an unbiased jury. Delmont was never actually called to the stand because prosecutors knew her testimony would never hold up in court due to her ever-changing stories. The happening at the hotel was an unfortunate affair for which Arbuckle, so the evidence shows, was in no way responsible. Publishing magnate William Randolph Hearst gleefully noted that the scandal had sold more papers than the sinking of the Lusitania. By the time Arbuckle went to trial for manslaughter, his public reputation was already ruined. [42] Keaton himself told this story during a recorded interview with Kevin Brownlow in the 1960s.[43]. It was a double tragedy.". Funnyman FATTY ARBUCKLE was the biggest thing in Hollywood literally but when he was accused of the heinous rape and murder of a notorious party girl his adoring public wanted him strung up! Elizabeth Fischer . Author David Yallop cites Arbuckle's father's full name as William Goodrich Arbuckle as the inspiration behind the alias. Minta Durfee, Actress, 85, Dies; Former Wife of Fatty Arbuckle In 1925, Carter DeHaven's short Character Studies, shot before the scandal, was released. During cross-examination, however, Campbell revealed that Brady had threatened to charge her with perjury if she did not testify against Arbuckle. Perhaps even more than the specific charges of rape and murder, Arbuckle became a symbol of Hollywood's immorality. (2021, September 2). This film was loosely based on the misconceptions surrounding the Arbuckle scandal, yet it bears almost no resemblance to the documented facts of the case. Photo: Courtesy Everett Collection. We wish him success and hope that the American people will take the judgment of fourteen men and woman who have sat listening for thirty-one days to evidence, that Roscoe Arbuckle is entirely innocent and free from all blame. [11] He was 46. [6], Arbuckle disliked his screen nickname. Rudolph Nureyev Dances", "Roscoe 'Fatty' Arbuckle, acquitted for murder of Virginia Rappe in 1922, never recovered from all the bad press", "Rediscovering Roscoe: The Careers of "Fatty" Arbuckle", "Restoring Fatty Arbuckle's Tarnished Reputation at MoMa", Contemporary press articles pertaining to Arbuckle, Banned Film Resurfaces 90 Years After San Francisco Scandal, The Fatty Arbuckle Trial: The Injustice of the Century (2004), https://en.wikipedia.org/w/index.php?title=Roscoe_Arbuckle&oldid=1139315103, Arbuckle, Roscoe "Fatty," "What the Well-Dressed Man Will Wear,", This page was last edited on 14 February 2023, at 13:48. William Desmond Taylor, The Unsolved Murder That Rocked 1920s Hollywood Video'Trump or bust' - grassroots Republicans are still loyal, Why Trudeau is facing calls for a public inquiry. [citation needed], Arbuckle was a talented singer. Hollywood's First Scandal: The Tainted Legacy of Fatty Arbuckle [8] Rappe appeared in at least four films for Lehrman: His Musical Sneeze, A Twilight Baby, Punch of the Irish and A Game Lady. Paramount Pictures had paid him an unprecedented $3 million over three years to star in 18 silent films, and he'd just. His family moved to California when he was one year old. Her organs had been destroyed and it was now impossible to test for pregnancy. [19][20] Following his recovery, Arbuckle started his own film company, Comique, in partnership with Joseph Schenck. Wikipedia 9. By 1916, at the age of 21, she was earning $4,000 a year ($66,000 today) from her dress designs. He was often heckled in the street. Then, one by one, the 12-person jury plus the two jury alternates walked up to Arbuckle's defense table, where they shook his hand and/or embraced and personally apologized to him. Fatty Arbuckle's was modelled on American diners, and had a retro Hollywood theme. "He had magical comic timing. Balshofer hired her again to costar with early drag performer Julian Eltinge and newcomer Rudolph Valentino in Over the Rhine, for which she was awarded the title of "Best Dressed Girl in Pictures". [37] After a brief reconciliation, Durfee again filed for divorce, this time while in Paris, in December 1924. Arbuckle's rehabilitation was finally complete when Warner Bros offered him a feature-film contract in 1933. In response to the Arbuckle scandal, Hollywood established a self-policing organization that was to be known as the "Hays Office.". The Forgotten Films of Roscoe "Fatty" Arbuckle [DVD] The main prosecution witness, Zey Prevon, had escaped house arrest and left the country. The same evidence was presented, but this time one of the witnesses, Zey Prevon, testified that Brady had forced her to lie. One of the rooms occupied by Arbuckle and his guests in the days after the infamous party. However, his father no longer encouraged his acting when his mother passed away. In his testimony, Arbuckle denied he had any knowledge of Rappe's illness. The charge was later reduced to manslaughter. After the reading of the apology statement, the jury foreman personally handed the statement to Arbuckle, who kept it as a treasured memento for the rest of his life. "Acquittal is not enough for Roscoe Arbuckle," the jury said in a written apology. [citation needed], Arbuckle was regarded by those who knew him closely as a good-natured man who was shy around women; he has been described as "the most chaste man in pictures". Fatty Arbuckle, a silent-film era performer at the height of his fame, is arrested in San Francisco for the rape and murder of aspiring actress Virginia Rappe. Fans also called Roscoe "The Prince of Whales" and "The Balloonatic". [3], The scandal and trials had greatly damaged Arbuckle's popularity among the general public. However, Arbuckle was still unable to secure work as an actor. [47], On June 28, 1933, Arbuckle had finished filming the last of the two-reelers (four of which had already been released). Keaton co-wrote, directed and starred in the picture; consequently, Hart refused to speak to Keaton for many years. The resulting scandal destroyed Arbuckle's career along with his personal life. Web. Roscoe "Fatty" Arbuckle had long been a performer. Rappe suffered from chronic urinary tract infections,[23] a condition that liquor irritated dramatically. In view of Delmont's constantly changing story, her testimony would have ended any chance of going to trial. The case led to the establishing of a Hollywood censorship board, which ruled that Arbuckle should never work in the industry again. On December 4, 1921, the jury returned five days later deadlocked after nearly forty-four hours of deliberation with a 102 not guilty verdict, and a mistrial was declared.

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