But he vowed to bring the case to a new grand jury.
The use of a new grand jury could indicate that additional evidence or charges are coming.
The new grand jury will probably deal with other matters, he said.
But presenting the case to a new grand jury could also be risky.
The case has been resubmitted to a new grand jury.
In December 2006 the court was restarted with the new jury.
No decision has been made on a new jury, they said.
The new jury reached the same penalty verdict, 9 to 3.
The new grand jury could run for 18 months.
A new grand jury was empaneled here two months ago.