The friends and family of murdered SU graduate student Simeon Popov have waited over a year and a half for closure, and it appears they will have to wait a little longer.

Dominic Dennard’s trial for Popov’s murder ended Monday when Onondaga County Judge Joseph Fahey declared a mistrial. The jury remained deadlocked with a 7-5 split, without specifying whether it was leaning towards conviction or acquittal.

After jurors decided they would not be able to reach a verdict if given more time, Fahey granted the mistrial requested by Dennard’s attorney, Joseph Flood. Flood could not be reached for comment.

Dennard is accused of fatally shooting Popov last January while robbing an Ostrom Avenue apartment. Popov, a Bulgarian student pursuing his master’s degree in trombone performance at SU’s Setnor School of Music, walked in on the robbery while delivering chicken wings from Dorian’s Gourmet Pizza and Deli.

He served as principal trombonist under Professor William Harris and was determined to be the first Bulgarian trombonist to earn a master’s degree.

When a mistrial is declared, the prosecution has two options, said Thomas Mahoney, a professor in the College of Law.

‘The prosecution can dismiss the case,’ Mahoney said. ‘Clearly, that’s not going to happen here.’

The second option, another trial, is Chief Assistant District Attorney Nicholas DeMartino’s next course of action.

‘We’re going to try him again, and convict him this time,’ DeMartino said.

DeMartino plans to request a new trial when the case resumes on July 14th and expects the second trial to begin in the late summer or early fall.

When the second trial begins, each side must build its case again from the ground up. Neither side can predict whether or not the outcome of the first trial will work in its favor, Mahoney said.

‘You’ll have 12 different people serving on the second jury. It’s a whole new trial,’ he said.

Because Dennard’s guilt remains unproven, he can be tried again without double jeopardy.

‘It’s as though the first trial never happened,’ Mahoney said.

While DeMartino remains optimistic, Popov’s friends and family who attended the trial were ‘deeply disappointed’ by its outcome, said Dr. Joseph Downing, associate dean of the Setnor School.

‘I don’t relish the thought of going through it again,’ Downing said.

Popov’s parents, who traveled to Syracuse for a portion of the trial, were not able to stay for the conclusion. Travel arrangements forced them to return to Bulgaria before the jury finished deliberating, Downing said. He could not say whether the Popovs would return for the second trial.

Published on June 24, 2003 at 12:00 pm