A mistrial was declared in an attempted murder case yesterday after one of the jurors was excused from further deliberations because of medical reasons.

Circuit Judge Virginia Crandall scheduled the retrial for Aziel Toeaina for Nov. 7.

Toeaina, 27, a musician, is accused of firing three shots at former University of Hawai'i football player Tupu Alualu at about 11 p.m. on May 16, 2003, in the parking lot outside the Mai Tai bar at Ala Moana Center. Toeaina denied firing the shots and said it was Alualu who fired a gun. Alualu testified Toeaina fired the shots.

Alualu played for UH from 1993-95.

The trial started July 26. The jury deliberated all day Monday, but did not resume after the juror called in sick. The juror, who had a doctor's note, said he was concerned about his high blood pressure and said he suffered a stroke in the past.

After the juror was excused, Crandall granted a request by Deputy Public Defender Walter Rodby for the mistrial. Rodby said he later found out from the jurors that the remaining 11 wanted to acquit his client and the juror with health problems had been holding out for conviction.

Rodby said he and his client were disappointed. Rodby said he will be asking that the case be dismissed. "If we were to do the trial all over again, we'd end up with an acquittal or a hung jury," he said.

Toeaina is free on $50,000 bond.