DES MOINES, Iowa — A Polk County judge granted a mistrial Thursday in the trial of Marvin Esquivel Lopez, who is accused of killing Rossibeth Flores Rodriguez and her two children in July 2019.
Deliberations in the triple murder trial began Friday and continued through Thursday morning, which is when Judge David Porter said jurors were thinking about the potential consequences for a mistrial as part of their deliberations.
"Given the time that the jury has deliberated, given the fact that this, quite frankly, was a relatively simple fact pattern, and given the fact that this jury is now lurching toward legal consequences, I conclude as a matter of law that a mistrial in this case is of manifest necessity," Porter said.
The defense and prosecution both agreed on a motion for mistrial on all counts, despite the jury saying they had come to a verdict on the charge related to Rossibeth.
Esquivel Lopez is charged with three counts of first-degree murder in the death of Rossibeth and her two kids: 5-year-old Ever and 11-year-old Daniela.
Esquivel Lopez testified during the trial that Rossibeth killed the kids before he acted in self-defense and killed her. Mariah Esquivel Lopez, Marvin's wife, told the court she witnessed the killings.
More from this trial
- Jury reaches verdict on 1 of 3 counts in Marvin Esquivel Lopez trial; deliberations to continue Thursday
- Marvin Esquivel Lopez takes the stand in his own defense
- Polk County Medical Examiner testifies on Day 2 of Marvin Esquivel Lopez trial
- Wife of Des Moines triple murder suspect testifies she witnessed the killings
A future trial date will be set, and Esquivel Lopez will remain in custody at the Polk County Jail until then.
Neither defense or prosecuting attorneys gave comment to Local 5 following the court's decision.
"They happen more frequently than people would like them to happen," Drake University law professor Bob Rigg told Local 5. "They do occur, but they are rare."
Watch: Drake University law professor explains the process of a mistrial