Hung Jury in San Diego Photojournalist Obstruction TrialMarch 30th, 2011 9:24 pm PT .

Jeff Schwilk San Diego Immigration Policy Examiner.

Judge John Thompson declared a mistrial Tuesday afternoon after an El Cajon jury deadlocked on both counts of obstructing a police officer by independent photojournalist J.C. Playford of Ramona. The jury deliberated for a day and a half, but could not agree on a verdict for charges stemming from two incidents in early 2010. At least 3 jurors on each count believed that Playford was not guilty of interfering with San Diego Sheriffs Deputy Tom Seiver’s duties in public by quietly filming him from 20-40 feet away on Feb. 28 and again on March 10, 2010.

After being dismissed yesterday, one juror who voted for acquittal told the Defense that this case was purely a matter of Constitutional rights – freedom of speech and freedom of the press and that they supported Playford’s rights to film cops in public 100%.

Despite her loss to a public defender in this case, Prosecutor Nicole Roth indicated in a hearing this morning that the DA intends to re-try Playford on both charges. Judge Thompson then offered Playford a plea bargain: plead guilty to disturbing the peace along with one year probation in exchange for dropping the obstruction charges. Playford would also have to stay at least 50 feet away from all peace officers and emergency personnel, severely restricting his ability to cover news stories as a member of the media. The judge also warned Playford that if he is convicted at a retrial, he would be sentenced to 2 ½ years in jail.

After hearing the judge’s threat to jail him, Mr. Playford decided to accept the plea deal.

This case has once again exposed the rift between media and citizens’ rights, and freedom of movement in San Diego County versus sheriff/police comfort and arbitrary decisions by them on where people can stand while police conduct their business.

While the United States Constitution is clear that the citizens (and by extension the media) are the guardians of our freedoms and watchdogs over public officials and law officers, Ms. Roth argued that police need to be in control of all situations in pubic and decide when they want to be filmed and how close the media and citizens can get to them. She even tried to make the argument in her closing statement that Mr. Playford’s filming of deputies was similar to yelling “fireâ€