Second mistrial in pepper spray lawsuit By MATT KAPKO Half Moon Bay Review September 29, 2004 Less than a day after closing arguments, jurors deadlocked 6-2 in favor of eight protestors whose eyes were swabbed with a Q-tip laced with pepper spray in 1997. It was the second trial in the lawsuit filed against Eureka and Humboldt County for a series of four incidents. It was the second mistrial. U.S. District Judge Susan Illston declared a mistrial after the jurors said they were hopelessly deadlocked. To avoid a mistrial, the jury asked both sides for the authority to render verdict by majority, but the defense team wouldn't allow it. The mistrial closes another chapter for Half Moon Bay native, Noel Tendick, who's been involved in this legal battle for seven years. "I'm real excited for another trial. I think we'll just get stronger and really sharpen our case," he said. "It's an emotionally and physically exhausting process to go through a trial," Tendick said, adding that it's hard to have it end unresolved again. Tendick points to the progress made in this case. The jury deadlocked 4-4 in the first trial in 1998. Tendick said he was disappointed with the two female jurors who held out, mostly, he said, because they were unwilling to view videotape footage of the incidents. "I think at some point it's going to hit them what they've done. I think they'll realize. It'll be a hard day," he said. Tendick is optimistic the protestors will eventually win the trial. "We're aligned with a certain universal truth and we're protecting natural laws," he said. "That essential goodness will prevail. Home