 You're watching CBS 5 News, fighting for your rights, giving you a voice, telling it like it is. We're staying on top of breaking news from the Jody Areas trial underway in downtown Phoenix. News from the courthouse in just the last half hour that the jury came into court and told the judge that they were deadlocked on the decision of life or death. And joining us on the phone now is David Cantor, a criminal defense expert who we've talked to about this case as it's been four months in the making. And David, were you shocked by the jury coming back 90 minutes of deliberation yesterday, less than two hours at it today, saying that they cannot reach a consensus in the decision of life or death for her? Well, actually I wasn't. This is the toughest decision they'll ever have to make. In essence, they said yes, she's guilty. Then they found the aggravator, but now this is the decision to put another human being to death. And the thing is, any one of them can save her life, which means all of them are responsible if she is executed, each individual person. So this isn't something to take lightly. They have to live with themselves. They have to ask themselves, what do they truly believe, what their individual religious conscience is? And so it doesn't surprise me that you may get one or two that hang up on this who say, you know what, I just cannot order this young woman strapped to a cable and executed. Yeah, even though it appears as though the state built a strong case of aggravating circumstances showing that this was a heinous crime, making her eligible for the death sentence, deciding whether it's applicable or that each individual jury member feels that this would be the just sentence for her, the appropriate way for her to pay for her crime. That's a whole other story. So let's talk about what happens if this jury, even following the judge's instructions today to go back and try again to reach a consensus, if they come back and say there is absolutely no way that they'll be able to reach a unanimous decision on this, we will potentially seat a second jury, David. Well, I'm not so sure about that. If they deadlock, they've heard the entire trial. So if they deadlock on this, meaning if the dynamite instruction doesn't work, and that's what the judge gave with a dynamite instruction, that's what she tells them, go back in as long as you can reach a verdict without doing individual violence to your conscience, so to speak, or coming to blows, then reach a verdict. But if they cannot, then they've hung on that particular phase. And I honestly don't think that they'll go to a new jury. My guess is they'll simply move forward and probably she'll be sentenced to life without the possibility of parole. That's what I believe will happen. Is that the judge's discretion to decide whether they will attempt to seat a second jury or can the judge say, you know what, just as you've laid out for us, you've already taken into account everything, you're the most familiar with the case, I'm going to go ahead and take over from here. Is it the judge's discretion to make that or can the defense or the state appeal for a second jury to be seated? You know, that's an interesting question. Honestly, when this happens, the judge normally has always gone with life without the possibility of parole. So that's what's unique about this. I guess there is an argument that since it is a quote unquote mistrial on that particular factor, they could seat a second jury and that the state, Juan Martinez, could push for this. But I just don't think that's going to happen. And that is an interesting question whether the judge can say no, this is the way it's going to be. We were also told when we were discussing the possibilities after the verdict and as we were in this death sentence penalty phase that if there was a deadlocked jury and it fell into the hands of the judge to rule on the discretion of what should happen with Jodi Arias, that she could then the judge could then decide on either life with the possibility of parole or with no possibility of parole. And is that off the table then? Or are you just saying that it's probable that they'll go with life with no parole? Well, yes, you're correct. It's not off the table, but because of the aggravating factor, I cannot imagine she'd give 25 to life. My guess is it'll be natural life or life without the possibility of parole, but it is hypothetically possible that the judge could give 25 to life. Unbelievable. It seems that every turn that this case could take a different angle, it seems to have gone down different paths. David, where do you think we go from here? If the jury is deliberating for the day, do you think the judge, if they continue to come back again before the end of the day saying that they cannot reach a consensus, is it a possibility? She'll say take the night, sleep on it, or do you think she'll take over from there? Well, normally once you give a dynamite instruction, if they come back again and say they're deadlocked, that's the end of it. Given the fact that this is a so-high profile, it is possible that she says, look, we're going to release you for the day, sleep on it, and come back. That is a possibility only because the amount of time, energy, and the national media involved, you know, forcing them to go back in again though, I don't think it's a good idea. Once you've given the dynamite instruction, it's my belief that if they come back again and say, look, there's no way we're going to change our minds, that should be the end of this case. Wow. David Cantor, a criminal defense expert who we've been talking with throughout the duration of this trial, we certainly appreciate your perspective on this breaking news in the Jodi Arias case, the jury having come back in the last half hour to tell the judge that they are deadlocked. She has instructed them to go back into deliberations and try one more time at least to decide a unanimous decision, life or death for Jodi Arias. And David, we appreciate your perspective and we'll check back in with you as we hear more.