Mistrial declared for sitter accused of killing infant

By David Waite
Advertiser Courts Writer

A Liliha woman accused of killing a 6-month-old boy she was baby-sitting faces a second trial after a jury yesterday reported that it was hopelessly deadlocked on the murder charge and unable to reach a unanimous verdict.

Circuit Judge Karl Sakamoto declared a mistrial in the case of Beryl Young, who was tried on a charge of second-degree murder in connection with the death of Justin Cruz in September 1997.

City deputy prosecutor Glenn Kim said during the trial that Young caused a severe head injury that resulted in the baby's death.

But Young's lawyer, Howard Luke, said an autopsy that was done within days of the baby's death was inconclusive and listed sudden infant death syndrome, or SIDS, as a possible cause of death.

Young was charged with second-degree murder after a review was made in 2001 of the 1997 autopsy. The review led to a determination by the Honolulu medical examiner's office that the boy's death resulted from a deliberate act.

Kim said after the mistrial was declared yesterday that he intends to take the case to trial a second time.

Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.