BILL WARREN/Journal Staff Teresa Grady, left, and her sister Clare Grady look to their friends in the courtroom after Judge John Sherman declared a mistrial Tuesday evening in Tompkins County Court. Co-defendant Daniel Burns is at right; the three defendants, along with Peter De Mott, faced third-degree criminal mischief charges for pouring blood throughout the lobby of a military recruiting station in Lansing in March 2003. The jury was unable to reach a verdict after two days of deliberations.

ITHACA -- After 20 hours of deliberations, a jury failed Tuesday to reach a unanimous verdict in the case of four Ithacans charged with criminal mischief in the wake of a 2003 antiwar protest.

As a result, the judge declared a mistrial.

"We didn't get convicted. That means people are listening...for us to do such a strong and powerful and symbolic action and not get convicted," said Daniel Burns, a defendant. "We did not get convicted, which means we were right to do it."

Teresa B. Grady, 38, Clare T. Grady, 45, Peter De Mott, 57, and Burns, 43, were charged with third-degree criminal mischief following a protest on March 17, 2003, at the military recruiting station in the Cayuga Mall on Triphammer Road. The four admitted to pouring blood all over the center.

The jury, which began deliberations early Monday afternoon, handed the judge a note at 2:30 p.m. Tuesday, stating that they were deadlocked.

After consulting the attorneys and defendants, Tompkins County Court Judge M. John Sherman then instructed the jury to resume deliberations.

At approximately 4:30 p.m. the jury asked Sherman to clarify how to consider the defendants' knowledge at the time of their actions. The jury also asked if it was appropriate to consider the impact this case may have in future cases.

"You should consider the personal experiences described by the defendants in testimony and their stated legal, moral and religious beliefs to constitute what knowledge they had at that time," Sherman told the jury.

Sherman also instructed the jury that it was not appropriate for them to speculate on the verdict's ramifications in the legal system.

At 9 p.m. Tuesday, Sherman read a note from the jury and declared the mistrial.

"After further consideration of all the evidence, we have concluded with certainty that we can not reach an unanimous verdict," Sherman read.

After the declaration of the mistrial, the approximately 50 audience members in the courtroom began clapping. They clapped again as the jury was dismissed and left the courtroom.

Throughout the trial, the four defendants readily admitted that they poured their own blood throughout the recruitment center lobby, including on the American flag, on several photographs and on other property owned by the U.S. Army.

The defendants have said their actions were necessary as the then-pending war in Iraq was an imminent emergency.

"We have taken our actions consciously and under much study of the matters," Clare Grady said Monday during closing arguments.

Assistant district attorney Jennifer Worrall stated during closing arguments that the defendants' actions proved they intended to damage another's property, totaling $250 or more.

"First of all this was not an emergency measure -- the building was not on fire," Worrall said. "They knew they were simply not going to stop the war by pouring blood."

A pretrial decision prohibited expert witnesses on international law from testifying on behalf of the defendants during their trial in Tompkins County Court.

In the pretrial decision, Sherman said that expert witnesses and documentary evidence about international law would not be allowed at the trial because it is not applicable to the local case.

After the declaration of the mistrial, Sherman informed the defendants that they had until April 30 to file motions to dismiss the case, with the assistant district attorney's response expected by May 10.

If the case is not dismissed, the district attorney has the option of calling for a new trial.

De Mott wasn't present in court Monday or Tuesday --he was hospitalized -- and with Sherman's permission, the trial proceeded in his absence.