Juror's mom dies during deadlocked deliberations, ending month-long arson and cold-case murder trial

Mark Hayward, The New Hampshire Union Leader, Manchester
·2 min read

Sep. 22—CONCORD — A month-long cold-case murder trial imploded Tuesday with the judge declaring a mistrial after a juror's mother died on the fifth day of deliberation.

In an order, Merrimack County Superior Court Judge John Kissinger said the situation would have "made continuing jury service very difficult."

Richard Ellison, 48, will remain in jail to await possibly a second trial on first-degree charges of murder/arson and a second-degree murder charge.

He is accused of starting a fire in a duplex that resulted in the death of Robert McMillan, 85, in 2005. Although alive when taken out of his burning duplex, McMillan later died at Massachusetts General Hospital.

Authorities arrested Ellison in 2018 for the murder. The trial in the complex case started Aug. 13 with a panel of 18, enough for a 12-person jury and four alternates.

Two dropped out during the testimony portion of the trial, then two dropped out early during deliberations, meaning no alternates were left available.

Prosecutors wanted the case to go forward, perhaps after a few days of delay to accommodate the juror who lost a parent. Kissinger refused and granted a request from defense attorneys for a mistrial.

"There's no way you can shake off the death of a parent," said Jeremy Clemans, the lead defense attorney. It would be unfair to ask a juror to put aside such the death of a parent and deliberate, he said.

Kissinger made his decision after meeting with the grieving juror.

"Given his responses and appearance, the court finds it unlikely a few more days will allow him to provide the kind of focus needed to continue as a deliberating juror," Kissinger wrote.

The office of New Hampshire Attorney General John Formella, which prosecutes homicides, would not comment for this story.

Prosecutors had asked Kissinger for a stay in the trial to pursue an appeal, which the judge denied.

Had he delayed deliberations for a few days, 11 other jurors would be put on hold, Kissinger said.

The judge also noted that extensive deliberations had already taken place and the jury had already said it was deadlocked.