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That afternoon, prosecutors and defense attorneys had been meeting in the judge's chambers to discuss a minor procedural point. Prosecutor Robert Chatterton, in idle conversation with his courtroom adversaries, mentioned that a short while earlier he had been telephoned by an Anaheim police officer who asked for a definition of death in connection with another case. Chatterton casually added that he had just found out that doctors generally use a definition found in the state health and safety code.
"What?" cried Waddill's attorney, Dr. Malbour Watson.
"Section 7180 of the health and safety code," Chatterton nonchalantly repeated. Until then, neither judge nor defense attorneys were aware that California law contained a legal definition of death.
"We move," said the obstetrician's other attorney, Charles Weedman, "that we immediately stop the jury from deliberating."
The prosecutor protested vehemently, but the judge ruled that the jury would have to be brought back to court and informed of the discovery. Next day, visibly upset at having to change his instructions to the jurors, he told them the new definition of death as spelled out in the code: "The total and irreversible cessation of brain function." Since brain function had never been tested, the jury became confused.
Thomas, on behalf of the jury, asked for a clarification of the new definition, but was told that it was up to the jurors to decide what it meant on the basis of testimony already given. Said he: "Judge Turner's redefinition came at a very critical time. We were most disturbed by it. After all that work, we had to go back to Square 1."
Thomas was prompted to switch his own vote to not guilty, arguing that the defendant must be given the benefit of the doubt. Back in the jury room, the majority for a conviction now shifted to a majority for acquittal, first 7 to 5, then 9 to 3. The following day, the eleventh day, Thomas announced that the jurors were hopelessly deadlocked, and Judge Turner declared a mistrial. This week Dr. Waddill, who is also being sued for $17 million by Mary Weaver, returns to court to learn whether he will be tried all over again. The jurors, however, are finished. The day after the mistrial was declared, Kathy Davis got married, with four of the other jurors in attendance at the ceremony in the backyard of her father's home.