Jurors must try again for a third time Thursday to reach a verdict in the Timothy Lewis capital murder trial.
Lewis is accused of beating his 4 year old stepson, Tyrone Fenner Jr to death last June.
Jurors spent all day Wednesday deliberating and could not reach a unanimous decision and were sent home for the evening.
Wednesday morning jurors sent a note saying they were deadlocked.Judge Langley instructed them to keep trying.
In the afternoon they began listening to audio tapes which were submitted as evidence and then requested a break.
Judge Langley said he believed the jury was making progress and scheduled them to continue deliberations Thursday morning. Defense attorney David Barron did request a mistrial.
The total time for deliberations has been about 12 hours. If convicted Lewis could face up to life in prison.
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