The third round of a hate crime trial opened Tuesday in Coeur d’Alene, with two brothers accused of racially harassing a Hispanic man in the summer of 2009.
The first trial ended in mistrial in March after the first witness took the stand and referred to the incident on a 911 tape as a “racist thing,” offering an opinion for which Kootenai County 1st District Judge John Luster said the prosecution had not laid proper foundation.
The second trial ended in April with a hung jury on the two counts against William (right) and Frank (left) Tankovich.
Jurors voted 11-1 in favor of acquittal on the charge of malicious harassment and 8-4 in favor of not guilty on a second charge of conspiracy to commit malicious harassment. The verdict must be unanimous.
The jury foreman at the time said the jury had struggled to connect the threats with race.