A mistrial was declared in the fatal Abbott Court bludgeoning case on Nov. 12 after jurors failed to reach a unanimous verdict on 37-year-old defendant Bryan Cherry’s charges of first-degree murder and use of a dangerous weapon with intent to injure.
Late afternoon on Nov. 12, Baltimore City Circuit Court Judge Barry G. Williams heard from the jury panel’s foreperson, who gave her opinion that further time spent deliberating would likely fail to achieve consensus. Hearing the announcement, two people exited the courtroom in visible dismay.
Cherry’s trial closed on Nov. 10, following four days of proceedings that began Nov. 5. The trial, which was initially scheduled to proceed on Nov. 3, faced two consecutive days of postponement after the court failed to summon a sufficient amount of jurors to form a 12-person panel.
Cherry is charged with what the prosecution called the “horrific death” of 27-year-old Sierra Johnson on the 800 block of Abbott Court last July. Johnson was pronounced deceased upon the arrival of officers, who found her lying on a couch in a “severely beaten and bludgeoned” state, with her pants pulled halfway down her legs.
Previously at trial, defense attorney Gregory J. Fischer had criticized the testimonies of two of the prosecution’s witnesses – one of whom was formerly convicted of giving false statements to law enforcement and admitted to drug use, and another who was a “three-time convicted thief” with prior violations in Howard County and Baltimore City. Throughout proceedings, Fischer indicated “gaping holes” in the state’s investigation, pinpointing detectives’ perceived failures to follow up on potential leads that suggested “reams of information.”
The prosecution maintained their argument that Fischer’s case rested on “speculation and guesswork.”
Jurors did not deliberate on Nov. 11 due to the court’s observation of Veterans Day.
