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Mistrial declared in Boston murder case

E-mail|Link|Comments () March 4, 2010 08:46 PM

By Globe Staff

A mistrial was declared today after the jury reached a deadlock in the case of a 38-year-old woman who allegedly murdered her husband on his 40th birthday.

Prosecutors said they would retry Sharon Fitzpatrick as soon as possible. She is accused of killing her husband, Sylvester Mitchell, by stabbing him to death during an argument in their Dorchester home on May 5, 2007.

Fitzpatrick was angry because Mitchell had come home later than he said he would, prosecutors alleged.

Suffolk Superior Court Judge Judith Fabricant released the jurors at the end of their third full day of deliberations after they sent a note saying they were hopelessly deadlocked.

Fitzpatrick's attorney, Rosemary Scapicchio, said afterward, “We are very grateful to the jury for all their hard work, and we’re hopeful that during the next trial the jury will be able to hear additional evidence, specifically that Mitchell’s psychiatrist had diagnosed him as having homicidal ideations.

"I’m hopeful that next time we can get that before the jury and that that will make the difference in finding her not guilty.”