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Hung jury in stabbing trial
Friday, October 10, 2008

The trial of two men charged with a fatal Downtown robbery and stabbing in 2003 ended yesterday in a hung jury, the case's second mistrial.

Leonard Ray "Cornbread" Anthony, 25, and Kristopher E. "Dyce" Garner, 25, face a third trial Dec. 15 for the killing of Michael Hixson, 38, of McKeesport, in Mellon Square. The jury deliberated for about 51/2 hours before declaring that they could not come to a verdict.

The first case didn't get that far. In July, a woman unexpectedly identified Mr. Anthony from the witness stand after recognizing him outside the courtroom. Senior Common Pleas Judge John K. Reilly declared a mistrial.

The prosecution's case rested on the 44-year-old witness and the alleged third co-conspirator, Michael Harpool, 22. Mr. Harpool plans to plead guilty to third-degree murder in exchange for his testimony, which he will have to reprise in December.

Defense attorneys Owen M. Seman and Michael Worgul tried to cast doubt on Mr. Harpool, who was the first person implicated in the slaying.

The defense argued that Mr. Harpool implicated Mr. Garner because Mr. Garner stopped allowing Mr. Harpool to stay at Mr. Garner's house.

Assistant District Attorney Simquita R. Bridges called that theory into question.

"Do you think he's going to put a murder on him because he was kicked out of an apartment?" she said. "That's completely asinine."

The same could be said of the justice system, according to Mr. Hixson's family.

"It's extremely frustrating, and it does make you feel a whole lot differently about the court system," said Michael's brother, Bill Hixson of New York City.

"I had to give up my job to come here," said Lois Hixson, Michael's mother, who traveled from Hawaii.

"And I'll have to do it again, because there's still no resolution."

Daniel Malloy can be reached at dmalloy@post-gazette.com or 412-263-1731.
First published on October 10, 2008 at 12:00 am
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