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Happen, that the judge would declare a mistrial. >> curt was sitting across. he said, "i'm not gonna be able to come home tonight," and -- and i lost all my air. it was terrible. >> reporter: the jury was hopelessly deadlocked. the vote six guilty, six not. curtis would face another trial. since he couldn't make bail, he'd remain in jail, unless -- >> a deal? a plea deal? >> they had offered a second-degree murder plea. but i knew it was a decision not only that i had to make, but we had to make as a family. and i didn't know whether i could put them through another

He said, "i'm not gonna be able to come home tonight," and -- and i lost all my air. it was terrible. >> reporter: the jury was hopelessly deadlocked. the vote six guilty, six not. curtis would face another trial. since he couldn't make bail, he'd remain in jail, unless -- >> a deal? a plea deal? >> they had offered a second-degree murder plea. but i knew it was a decision not only that i had to make, but we had to make as a family. and i didn't know whether i could put them through another year of what we had already gone through.

The first time what was about to happen, that the judge would declare a mistrial. >> curt was sitting across. he said, "i'm not gonna be able to come home tonight," and -- and i lost all my air. it was terrible. >> reporter: the jury was hopelessly deadlocked. the vote six guilty, six not. curtis would face another trial. since he couldn't make bail, he'd remain in jail, unless -- >> a deal? a plea deal? >> they had offered a second-degree murder plea. but i knew it was a decision not only that i had to make, but we had to make as a family. and i didn't know whether i could put them through an...

Declare a mistrial. >> curt was sitting across. he said, "i'm not gonna be able to come home tonight," and -- and i lost all my air. it was terrible. >> jon loevy is not a criminal lawyer. he's a civil rights attorney by practice who also does pro bono work with the exoneration project. its aim: overturn wrongful convictions. >> a deal? a plea deal? >> they had offered a second-degree murder plea. but i knew it was a decision not

He's in a lot of confusion. he's hurting right now about his brother right now. tomorrow is his birthday, jerry's birthday. >> your son who was murdered? >> yes, yes. >> goodwin's lawyers acknowledge their client shot 20-year-old dwayne rimm who later died from his wound. they had hoped to reach a plea bargain for manslaughter but prosecutors would only accept a murder plea. in ohio, a murder conviction requires precalculation or the intent to murder, and the defense set out to prove that it did not exist in this case. they say two years earlier, rimm broke goodwin's jaw and that when goodwin ...