Hilly Moldof's big gamble paid off. Turning down a mistrial and asking for two jurors to be replaced by alternates equals a big win for the defense. The 10-2 split was in Penalver's favor just as Moldof had predicted, with Moldof also correctly assuming that the two jurors running against the tide for acquittal happened to be a Black female and a Black male, in a case with two Black female victims. Once they were replaced, it took the new panel just a few more days to spring Penalver from Death Row. Tom Lynch asked if Penalver could walk out the courtroom a free man, but was told there was still a DOC hold. Peter Weinstein and Kathy Pugh were amongst the observers when the verdict was read, watching as Moldof and Penalver broke down in tears and hugged.
Just another day at the office ...