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The jury was deadlocked with the vote at 9 to 3 favoring acquittal, for a 29-year-old Fallbrook man charged with murder in the death of a toddler, 8 years ago.

Public defenders are predicting that all charges will be dropped at a follow up hearing later this week, for defendant Efrain Cornejo, who was 21 when he phoned paramedics to report that the 14-month-old child in his care had stopped breathing.

Jurors heard that five-minute 911 call on the first day of trial, March 5, 2013. The jury of ten women and two men went into deliberations on March 20, and were declared hopelessly deadlocked this morning, March 25, 2013.

Prosecutors showed evidence of severe internal injuries on the deceased girl, who was described as already “blue” and cold when paramedics arrived on May 22, 2005.

Prosecutors mentioned that the Sheriff’s detective who was originally assigned the homicide case in 2005 was “new,” but otherwise the reason for delay of prosecution was not made clear.

Defense attorney Jill Kovaly successfully argued that the child was tragically fragile in her health, with a documented history of seizures and fevers. Defense suggested that any injuries to the child could have been caused by overly vigorous resuscitation efforts of emergency personnel.

Efrain Cornejo is next expected in San Diego’s North County Superior Courthouse on Wednesday, March 28, 2013, before the same judge who heard the trial, Honorable Harry Elias.

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Comments

Visduh March 25, 2013 @ 8:01 p.m.

The sad part of this is that he is likely guilty of murder. But a botched investigation and delayed prosecution can allow the guilty to walk free. Why is it that this case was only brought to trial after eight years? Nobody explains. Nobody talks. Come on Bahnee, tell us why. Tell us that all is well. Tell us your office never botches a prosecution. We wanna believe!

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McO March 27, 2013 @ 2:02 p.m.

I know this story from first hand. The sad part is that he was in there so long over something he didn't do. It's sad to see that you cry for help and then end up being accused of murder. All men should be careful who you have a relationship with, some women are careless negligent toward their children like in this case and when something goes wrong automatically the boyfriend did it. Yes the baby died while in his care but there is no proof that says he did something to the baby, those accusations come from the prosecution side. For the record, the mother didn't pay any bills or rent, she should have been caring for her child nobody else, if she would have taken her to dr. the night before like he asked her to, that would have prevented all this situation, to a real mother children should come before anything. I am a mother, my children always come first. He is innocent.

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realtalk4u March 27, 2013 @ 8:59 p.m.

Well said people should be careful with who they date. Poor guy... why was he the only one accused of on this case? I agree with you McO that "REAL MOTHERS" will put their children first that is so sad if the mother could of saved her own baby's life if she would of taken her to the doctor. Wonder why wasn't she held responsible??? Where was Social Services? Hope this guy is able to clear his name and unmasked this careless woman if he knows anything........poor baby

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