The Arizona rancher who was accused of murdering a Mexican national who illegally immigrated to the United States is unlikely to accept any plea deals offered by prosecutors after his case ended in a mistrial, according to Wednesday remarks by his attorney.
Kathy Lowthorp, one of the attorneys who represented rancher George Alan Kelly after prosecutors charged him with second-degree murder for allegedly killing a Mexican national who trespassed onto his property, said in a Wednesday interview with NewsNation’s Cuomo that her client would be unlikely to accept a plea deal if prosecutors move for a retrial.
“I don’t think George Alan Kelly will take anything because he is an innocent man, I think he’s made that clear in the past,” stated Lowthorp. She clarified that no discussion about possible plea deals has occurred since Arizona Superior Court Judge Thomas Fink declared a mistrial on Monday.
Asked whether prosecutors would seek to retry the case with a new jury, Lowthorp declared, “logic is not there on their side,” but said she would dismiss the charges in their position.
“There is really very little hope that they will be productive in a second trial,” said Lowthorp.
Lowthorp also confirmed Kelly (pictured above) asked his attorneys to continue representing him if prosecutors move for a second trial, adding that they both agreed.
“I believe the trial went my way throughout the whole thing,” Lowthorp stated. Seven jurors reportedly considered Kelly innocent, with just one holdout causing the mistrial.
She explained, “I believe I showed the state had no evidence, and therefore I was confident that I would get a not guilty through the trial if the jurors did what they were supposed to do. So when they were hung, I still believed that I had more in my court than for guilt, so therefore I wanted them to go back and see if they could convince the holdout.”
Lowthorp confirmed that Fink called a court hearing for Monday to determine whether prosecutors will move forward with a retrial.
The lawyer added that Kelly remains optimistic.
“I think he’s in good spirits about it because he also knows there were more not guilty than guilty,” said Lowthorp, adding that the 75-year-old was eager to put the matter behind him.
The attorney previously revealed her disappointment after the judge called a mistrial rather than insisting jurors continue deliberating.
Watch Lowthorp’s full remarks on NewsNation:
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Tom Pappert is the lead reporter for The Tennessee Star, and also reports for The Georgia Star News, The Virginia Star, and The Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
Hopefully he will be released while the process plays out.