The jury that convicted Mark of murder in connection with Gaspar's death could not reach a verdict on a charge of attempted-first degree murder against Mark for allegedly trying to kill police officer Calvin Sung, one of five other officers who had gone to arrest Mark on March 4, 2003.

If convicted on a charge of attempted first-degree murder, Mark would face life in prison without the possibility of parole. Conviction for second-degree murder in Hawai'i is punishable by life with the possibility of parole.

The jury also could not reach a verdict on a charge of attempted second-degree murder against Mark for allegedly trying to kill John Piko during a shooting on Feb. 1, 2003, in the parking lot of the First Assembly of God church on Moanalua Road.

Police were attempting to serve an arrest warrant for Mark in connection with the February shooting when Gaspar was shot and killed.

The retrial for Mark began July 7 but was halted a week later after Mark's lawyers, Debra Loy and Theresa Marshall, of the state Office of the Public Defender, notified Circuit Judge Karen Ahn of a possible conflict of interest.

During a hearing yesterday, Loy told Ahn that the public defender's office previously represented Piko on a felony forgery charge. Loy said that because Piko was a client of the public defender's office, it would be a conflict of interest for her to try to do all she can to discredit Piko if he is called as a witness for the prosecution in Mark's trial.

But city Deputy Prosecutor Donn Fudo told Ahn there is no conflict because the public defender's office represented Piko in a case that is now closed; a deputy public defender other than Loy or Marshall represented Piko in that case; and neither Loy nor Marshall has examined the Piko case files at the public defender's office.

Ahn has a variety of options to choose from when she rules on the mistrial request today.

She can grant the motion, deny it or appoint an attorney outside of the Public Defender's office to represent Piko.