MEMPHIS, Tenn. (AP) - The trial of a former medical examiner accused of staging a bizarre bomb attack on himself ended Tuesday with the jury unable to reach a verdict.
U.S. District Judge Bernice Donald declared a mistrial after the jury spent almost three days deliberating the fate of Dr. O.C. Smith, who was charged with lying to federal investigators and illegally possessing a bomb.
Smith remains free without bond until prosecutors decide if he will stand trial again. The charges carry a maximum 20 years in prison, though federal guidelines would call for a much lighter sentence upon conviction.
"I'm going home," Smith told his lawyers as he left the courtroom following his three-week trial.
Smith was found in a county morgue stairwell in June 2002 with his feet, hands and head wrapped in barbed wire and a motion-sensitive bomb hung around his neck.
He told authorities he was attacked by an unknown assailant who threw a caustic chemical in his face.
Prosecutors said Smith faked the attack because of a mental disorder that causes a craving for attention.
Jurors said they split 9-3 for acquittal.
U.S. Attorney Bud Cummins said authorities will "let some time pass, let the dust settle," before deciding if Smith will stand trial a second time.
Cummins said police who removed the bomb the night of the reported attack could have been seriously hurt and 17 law enforcement agencies spent months looking an attacker, believed at first to be a death penalty opponent angry over Smith's work on a murder case.
The Bureau of Alcohol, Tobacco, Firearms and Explosives wants another trial, said James Cavanaugh, ATF director for Tennessee and Alabama.
"We want a verdict," Cavanaugh said.
Juror Courtney Moore said jurors who wanted to convict Smith agreed with prosecution arguments that he should have been hurt more than he was by the attack he described.
Smith suffered scratches and minor chemical burns.
"I believe the injuries are consistent with his story and I believe there is no evidence that he knowingly possessed a bomb," Moore said.
Juror Glenda Roebuck said the government simply "didn't prove beyond a reasonable doubt that he did this."
Smith, a forensic pathologist, joined the Shelby County medical examiner's office in 1978 and became chief examiner in 1999. He resigned last year after his indictment.
Smith said he expects to return to work as a pathologist, but not necessarily in Memphis, once the charges against him are settled.
"I've got several offers," he said.
Donald scheduled a meeting April 19 with defense and prosecution lawyers.
