Mistrial Declared In Weapons Case Woman Remains Jailed On Washington Charge

A mistrial was declared Thursday in the second federal firearms trial of JoAnn K. Peterson, of Moyie Springs, Idaho.

The 64-year-old woman, who faces an aggravated first-degree murder charge in Spokane, was charged with illegally possessing a machine gun in Idaho.

A jury convicted Peterson of the charge in March, but U.S. District Court Judge Edward Lodge set aside the conviction in May.

He reversed the conviction and ordered a second trial after learning the jury had used a dictionary to look up two words during deliberations.

Peterson did not testify in her own defense in the second trial, which began Monday in Coeur d’Alene.

Her attorney, federal defender Steve Hormel, argued to the jury that the firearm that Peterson possessed, a MAC-11, was a semiautomatic pistol that malfunctions.

But Assistant U.S. Attorney Barry McHugh presented witnesses and argued that the firearm had been illegally converted to fire fully automatic.

Without a federal firearms license, it’s illegal to possess a machine gun in Idaho.

The jury got the case and began deliberations at mid-day Wednesday. The panel resumed its deliberations Thursday before its members told the judge that they couldn’t reach a unanimous decision needed for conviction.

After ruling that the jury was hopelessly deadlocked, the judge declared a mistrial.

Peterson will remain in federal custody in Idaho until the U.S. Attorney’s Office decides whether to re-try her a third time.

McHugh said that decision will be made in consultation with U.S. Attorney Betty Richardson.

The federal firearms charge could be dismissed or deferred indefinitely under an agreement with Peterson’s attorney.

If that occurs, which appears likely, Peterson will face extradition to Spokane County, where she will be arraigned on a charge of the 1991 shotgun murder of her son-in-law.