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Thursday, October 29, 2026Oct 29

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Mistrial declared in patient death case

Attorneys in the case against a 43-year-old former health care worker charged with lying to police about a patient’s death will be back in court next month after the three-day trial ended in a hung jury.

“It went pretty good. I thought my attorney did a good job,” said Walter Small, defendant in the Hamilton County Criminal Court case. “But I can’t talk about it too much because they might retry it.”

Small had originally been charged with one count of criminally negligent homicide and three counts of filing false reports in the Nov. 6, 2007, death of Robbie Young, a 31-year-old cerebral palsy patient who weighed 60 pounds when he died. The prosecutor dropped the homicide charge at the start of the trial.

Judge Rebecca Stern eliminated the first of the three false report counts, leaving two counts of false reports for jurors to consider Thursday.

The jury forewoman told Stern that jurors were deadlocked 11-1 not guilty on one count and 10-2 not guilty on the other.