Death penalty case ends in mistrial

The death penalty trial of a West Philadelphia man - accused of killing two people and wounding a third in the bloody 2006 takeover of a crack cocaine ring in the Northeast - collapsed in mistrial this morning after the judge learned jurors began deliberating before the trial ended.

The ruling by Philadelphia Common Pleas Court Judge Steven R. Geroff means a new trial for Comoniti Thomas, 22, charged with the April 13, 2006 slayings of Vincent Thomas, 17, who was not related, and Latisha Barber, 20, and the attempt murder and shooting of Brian Ruffin, 22.

Barber was Ruffin's girlfriend and mother of his child.

"I want to thank everybody for your interest," Geroff told the audience of relatives of the victims and the defendant. "Nobody is happy about this. But so be it."

The jurors, some of whom appeared visibly upset after a morning of being questioned individually by judge and lawyers, were dismissed and led from the courtroom.

Geroff set a new trial for July 6 although he conceded that date was unlikely because Thomas - who feuded periodically with his lawyers during the three-week trial - wanted new court-appointed counsel.

Thomas' attorney, Peter A. Levin, said he would not comment on the case.

Assistant District Attorney Eileen Hurley said she was disappointed by the ruling but said Geroff told the lawyers he had no choice out of a "manifest necessity for justice."

"I feel so bad for the families," Hurley said. "They have been through this for two weeks and now have to go through it all over again."