The jury came back just before nine Tuesday evening telling a Johnson County judge they were hopelessly deadlocked and could not reach a verdict in the murder trial of Billy Joe Osborne.
Osborne was accused of beating former Louisa City Councilman Elmer Frazier to death during a botched robbery attempt four years ago. Prosecutors say Osborne used a baseball bat to beat Frazier.
Frazier stayed in a coma for 14 months before he died. He was never able to speak or name his attacker. Osborne's lawyer says the police investigation is flawed and that prosecutors have the wrong man.
The trial had been moved from Lawrence County to Johnson County after defense attorneys requested and received a change of venue. No date has been set for a retrial.