Giardini judge declares mistrial

MOBILE, Ala. (WALA) - Former Mobile County Prosecutor Steve Giardini remains a free man.

Thursday, a jury deadlocked in his case. Defense attorney Dennis Knizley says he knew the jury would have a tough time deciding what to do.

"It's a difficult case. There were a lot of facts that were in some degree in dispute. I think they made there best effort," said Knizley.

State attorney Andrew Arrington said he will retry Giardini, despite the mistrial.

"That happens everyday. It's just part of the process. I'm happy with our case. Our case is strong. We'll come back and we will do this again," said Arrington.

State authorities brought charges against Giardini in 2009 after an undercover FBI agent posed as a 15-year-old girl online named "Diana Gautier".

The agent exchanged chat messages with Giardini and those messages turned into phone calls. That's when prosecutors sid Giardini started talking about sex.

"The facts are the facts. The defense has even admitted it. He had an abnormal desire to be with a 15-year-old girl. He was caught. It was strictly over the telephone. It is our position if you are going to engage in that type of activity with a 15-year-old, it is illegal. It's enticement," said Arrington.

Knizley said his client may have made inappropriate comments, but he never committed a crime because there was no victim.

However, because the jury deadlocked tonight, Knizley said that's a good sign.

"Anytime the government brings an indictment, they try to put you in the penitentiary and you walk out the front door of the court house a free man, that's a good thing," said Knizley.

The prosecution's closing arguments

Prosecutors said in closing arguments that Giardini was indeed a reputable attorney with a strong, positive character in the community.

"He was an excellent attorney. He knew the law," said assistant attorney general Kelly Hawkins.

Hawkins continued to say even though physical contact was never made between the undercover agent and Giardini, he had a criminal plan.

"We are here, because of Steve Giardini's intent. It is his intent that brought him here," he added.

The prosecutor told the jury the defense had attempted to show no crime was committed because there was no real victim.

"In the defendants mind, an actual child did exist," said Hawkins.

She continued to say Giardini "kept his hands clean" by not meeting the undercover agent.

"He forgot, I guess, solicitation is also illegal," added Hawkins. "His purpose was to get a topless photograph from the girl he thought was 15."

Hawkins added that Giardini served the Mobile County community for many years and had the trust of his colleagues.

"But he was going home at night and being something totally different," said Hawkins.

The defense's closing arguments

Knizley began his closing statements by telling the jury the federal government is responsible for luring his client in sex talk, masturbation and solicitation.

The defense attorney said the undercover agent's case was slowly falling apart and was desperate.

"He got some phone sex out of it, but it is not a crime. Phone sex is not a crime. It is distasteful. It is offensive. It is inappropriate, but it not a crime," said Knizley.

He continued to say his client was being honest in his desire to "wait" for the girl to become the legal age to date her.

"Listen to his words. He is not using lawyer talk. He is sincere about wanting to wait," said Knizley.

He also told the jury the State Attorney's office was unsuccessful in gathering sufficient evidence to prosecute Giardini because there was no criminal evidence found on Giardini's seized computers.

"After 16 months, what do they have? Phone sex and that is not a crime," said Knizley.

He also pointed out strong character witnesses, like former Mobile County District Judge Dominick Matranga, to describe Giardini as a good person.

"This case should have never been in this courthouse," said Knizley.

Knizley also added that Giardini is not a pedophile or a predator.

"That's a lonely man that finally found some female that thinks he is okay," Knizley said.