Lowell, MA — In a dramatic turn of events at the Middlesex Superior Court, a mistrial was declared on Monday as jurors remained steadfastly deadlocked on the charges against the Phan brothers, who are accused of a 2020 murder in Lowell. Billy, Billoeum, and Channa Phan face accusations of first-degree murder following the death of 22-year-old Tyrone Phet outside his residence. The inability of the jury to reach a consensus means a new trial will be scheduled, requiring a fresh jury to decide the case.
During the trial, which unfolded over several days with 41 witnesses and 121 exhibits presented, deliberations met an impasse after approximately 20 hours spread over multiple days. The jury, comprising seven women and five men, expressed doubts early on about reaching a unanimous decision. Despite additional instructions from Judge Kenneth Salinger, aimed at encouraging a verdict, the jury ultimately informed the court of their deadlock on both the murder and ammunition possession charges.
Significant to the proceedings was the jury’s decision to acquit Billy Phan, 33, of witness tampering or intimidation charges, highlighting a deep mistrust among the jurors towards the prosecution’s key witness, Abdulai Maranda. Defense attorneys capitalized on this skepticism, repeatedly questioning Maranda’s credibility during the trial. Maranda had accused Billy Phan of offering a $100,000 bribe for false testimony, an allegation that did not hold with the jury.
Maranda’s testimony also delved into the intricate relationships and dynamics within the Phan brothers’ alleged gang, identified as the primarily Cambodian gang known as the Outlaws. His accounts provided a window into the planning of what prosecutors argued was a calculated murder, claiming he was co-opted into the plan as a lookout or getaway driver.
The prosecution attempted to bolster their case with various forms of evidence, including detailed timelines from Maranda’s cellphone and digital traces from his vehicle’s infotainment system. Furthermore, surveillance footage played a critical role, purportedly showing activities on the night of the murder consistent with the prosecution’s theory of the crime.
Yet, despite the extensive evidence presented, the defense teams for each brother skillfully highlighted the lack of direct physical evidence linking the Phan brothers to the crime scene, alongside questioning the motives presented by the prosecution. They detailed an alternative narrative, suggesting that Phet’s background in illegal activities could have led to his murder, pointing out oversights in the police investigation.
The court was also presented with a poignant testimony from Tyrone Phet’s mother, reflecting on her son’s life and the events leading up to his untimely death. The emotional testimony underscored the human element amid the legal arguments surrounding the case.
As the defendants await their next court appearance, set for a status hearing on Dec. 13, defense counsel has voiced cautious optimism about the chance for a different outcome in a new trial. Meanwhile, Steven Rappaport, defense attorney for Billy Phan, announced his impending retirement from murder cases, declaring his intent to ensure capable representation for Phan in the forthcoming trial.
While this case continues to unfold, it serves as a stark reminder of the complexities and challenges inherent in the pursuit of justice within the legal system. The community, along with families on both sides of the case, remains deeply affected by the proceedings, anticipating the next chapter in this ongoing legal battle.
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