Washington, Feb 10: Canadian dentist of Indian origin, Alpna Patel, whose trial in Baltimore on charge of first degree murder of her doctor husband Viresh Patel ended in a mistrial on Friday, is to stand trial on June 5 yet again, on a second degree murder charge.Circuit judge David Mitchell set June 5 for the new trial after prosecutors conveyed their decision to prosecute Alpna of a second degree murder charge. Alpna was acquitted unanimously of a first degree murder charge by a 12-member jury, which had a lone male member.She was initially acquitted by the jury of the second degree charge as well but a last minute switch of vote by the male juror forced the June trial. The jury was also deadlocked on a manslaughter charge after theologian Thomas E Truman's switched vote during polling by judge John Themelis.Assistant state attorney William McCollum said he plans to retry Alpna on both charges.During the trial that kicked a storm in the Indian community here, Alpna told the court that she awoke atnight to find her husband holding a knife to her neck. In the scuffle that followed, she said, her husband was killed.She narrated her problems with her in-laws in her arranged marriage and problems that cropped up due to the couple residing in different places. Viresh was resident doctor in Baltimore while Alpna stayed with her in-laws in Buffalo, New York.Prosecutors argued that it could not have happened that way. They said Alpna could not have warded off an attack from her stronger husband. The defence counsel said adrenalin-induced strength could have helped her fight her husband. Most female jurors from the first trial, were disturbed as they believe Truman's change of mind could send an innocent woman to prison for up to 30 years. ``It does not make me feel good, not good at all," said Phyllis Fitzgerald, a postal worker. "I am sorry the verdict turned out the way it did."Fitzgerald said jurors took their frustrations out on Truman during the final round of deliberations."I was highly upsetthat Truman changed his mind, especially since we asked him again if he was sure right before we left that jury room," Fitzgerald said.
