Justice Plummer E. Lott in Brooklyn declared a mistrial on Monday in the case of Lee Woods, one of three men charged with the killing of Officer Russel Timoshenko during a traffic stop in July 2007. The mistrial came after a juror fell ill and could not continue with deliberations.
The juror, a woman in her 20s, has been advised by her doctor to stop any work, including jury deliberation, after she complained of heart trouble last week. Samuel J. Karliner, a lawyer for Woods, said that Woods wanted to continue with the same juror rather than restart deliberations with an alternate juror, and a mistrial was requested.
A hearing has been set for January 14 to discuss a retrial for Woods, 30, who will continue to be held without bail at Rikers Island during the interim.
On Monday afternoon, a juror in Woods's case, on the condition of anonymity, said in an interview that he and his fellow jurors had decided to convict Woods of weapons possession, but were still divided on the most serious charges: aggravated murder and attempted aggravated murder.
The mistrial is the second setback for the prosecutors in the complicated, high-profile case. Last week, a second defendant, Robert Ellis, 35, was acquitted on murder charges, but convicted of weapons possession. The authorities had maintained that Ellis shot and wounded Officer Timoshenko's partner, Officer Herman Yan. The third defendant in the case, Dexter Bostic, 36, was convicted of murder and other charges on Friday, and faces life in prison without parole.












