Judge William Bertelsman of the U.S. District Court for the Eastern District of Kentucky in Covington yesterday declared a mistrial in the case against two lawyers who own a minority share in Horse of the Year Curlin, according to published reports. The jury remained deadlocked after two days of deliberations on the single charge of criminal conspiracy against Shirley Cunningham Jr and William Gallion. Earlier in the week, the jury acquitted a third lawyer in the case, Melbourne Mills Jr. Deemed a flight risk, Gallion and Cunningham remain in jail without bail on the orders of Judge Bertelsman. The two own 20 percent of the reigning Horse of the Year. A date for a second trial for the two lawyers has yet to be set.
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