Rockdale Citizen

Photo by Laura McCallister

CONYERS -- After more than 10 total hours of deliberations, a jury on Monday was unable to reach a unanimous verdict on the guilt or innocence of a Rockdale County man accused of operating a marijuana grow house.

Wayne Anthony Thompson, 37, of 1410 Simone Drive, was on trial last week, facing three charges of marijuana trafficking and one charge of theft of services. The charges stemmed from a May 2009 complaint from Snapping Shoals EMC that more than $20,000 in electricity was stolen at the home between July 2008 and May 2009. Rockdale County Sheriff's Office investigators found remnants of juvenile and adult marijuana plants at the home, according to previous reports.

Rockdale County Superior Court Judge David Irwin excused the jury and declared a mistrial at about 3:30 p.m. Monday.

Tina Adams, one of the jurors, told the Citizen afterward that seven jurors thought Thompson was guilty and the other five voted not guilty. She pointed to the search of the home, surveillance, and reports that "were not thorough."

"The Sheriff's (Office)'s investigation had way too many holes in it," Adams said. "That was the biggest thing. They had way too many gaps."

Atlanta-based attorneys Howard Weintraub and Ben Alper defended Thompson.

Weintraub said jurors told him that they did not feel the state met its burden of proof.

"They understood the judge's instruction that the defendant did not have to prove his innocence," Weintraub said.

He declined to comment on specifics of the trial and his defense.

"Legally, the constitution through which double jeopardy falls under does not prevent him from being retried," Weintraub said.