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Posted by: Maricopa Lawyers on Aug 15, 2014

A series of 911 tapes almost withheld by prosecuting attorneys proved critical in a Phoenix murder trial. The recorded calls persuaded a jury to acquit two brothers indicted on charges of murder and aggravated assault in a 2007 gang shootout.

Earlier this week a Maricopa County Superior Court jury delivered six not-guilty verdicts and six deadlocked verdicts after listening to the tapes in detail. One deputy Maricopa County attorney attempted to prevent the grand jury from hearing the tapes despite a judge’s ruling to allow them, leading to a case of prosecutorial misconduct.

The case originated far back in 2007. The two men charged squared off against a posse of well-known gangsters in the front yard of their mother’s property located in West Phoenix. After the smoke had cleared, three people were killed and another three were seriously injured.

The brothers claimed their actions were in self-defense. Following the investigation however, both were charged with murder. The attorneys defending the men from these charges believed their case solely rested with the recorded 911 calls.

The shooting that resulted in multiple homicides was actually the second violent exchange between both parties to occur that day. Gang members reportedly threatened one of the brothers at their mother’s home, promising violence after the defendant reportedly quit the gang.

Those following the case suggest what ultimately lost the prosecution the legal battle was an inability to prove their case beyond a reasonable doubt. As reported through court records, prosecutors maintained the car was headed to a nearby lake to swim – a story jurors weren’t buying.

Aspects of the case remain in limbo. The County Attorney’s Office will later decide whether to retry the hung verdicts.