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It, and you don't have a resolution one way or the other. >> the judge gave them what -- what we generally term "the dynamite charge," which is, "you're the best jury. now, go back in there try and come up with a determination." and they went back for about an hour. >> an hour, yeah. >> for an hour, and they came back and they said there's just no way. >> with that said, i will declare a hung jury. >> you had pushed this thing for so long. did you think that's all there's ever going to be? >> right then in that right second, i just kept thinking, "oh my gosh. is he getting out? is it over?" >>...

For a vacation, so that alt alternate was brought in and they had to sort of start all over again to bring that juror up to speed. >> joining us now, nbc's steve kornacki. steve, as i understand the law, the judge could still resist these defense filings and again give them an allen charge or the dynamite charge to tell them to get back to work, but that could cause further complications down the road on appeal if it did go to a conviction. there are a lot of problems for this judge if he decides to proceed with this jury which right now he seems intent on. >> looking at the politics of this, ...

Jury and i think you will see tomorrow what they call an allen charge to the jury and that's a charge sometimes called the dynamite charge and it's designed to really get the jurors to get serious, to re-examine their beliefs and not to give up a conscientious belief, but to reassess all of the other jurors' positions on it, but this is a tough, tough case for the prosecution and i have to agree with michael on that. >> we'll see where it goes tomorrow. quickly, michael, go ahead. >> one problem here is they have the two defendants, the senator and co-defendant have a 25-year 14ship and it's v...

In her statement to police, she said she had been in various relationships with women but also one with a man. the prosecution fought that. did not want it to come in. it didn't. the jury did not find out. >> interesting. back to work tomorrow. thank you so much. joining me now are mark garragos and laura coats. the conventional wisdom is we thought the jury would want a vekd verdict because they want to go home for the weekend. what does it tell you they coming back to work tomorrow? >> i think the fact that they came back yesterday said that they were deadlocked and got the allen charge, w...

Assault trial. you cannot bring out prior sexual history of the victim or alleged victim. she's gay. the defense wanted to bring this out before the jury. in her statement to police, she said she had been in various relationships with women but also one with a man. the prosecution fought that. did not want it to come in. it didn't. the jury did not find out. >> interesting. back to work tomorrow. thank you so much. joining me now are mark garragos and laura coats. the conventional wisdom is we thought the jury would want a verdict because they want to go home for the weekend. what does it te...