Mistrial declared in capital murder trial

Herman Cunningham, charged with capital murder, is led into a Henry County courtroom on April 9, 2019. Also pictured is Henry County Sheriff's Office Investigator Keith Cauthen.
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Abbeville, AL (WTVY) Despite deliberating over two days, a Henry County jury failed to reach a verdict in a capital murder trial.

Herman Cunningham had been charged in the death of a man whose body investigators discovered months after he disappeared.

When jurors first told Circuit Judge Larry Anderson they were hopelessly deadlocked, they were ordered to keep deliberating. So, they went back to the jury room but no new results and Anderson declared a mistrial.

In 2011, Perez, from Henry County, took a lunch break from his job at a Dothan restaurant. When he failed to return, investigators began searching for him.

By the time they found his remains in an abandoned refrigerator months later, Cunningham had already been identified as a suspect.
However, prosecutors only had limited evidence to work with during the trial, all of it circumstantial. That apparently didn't satisfy jurors.

They could have found him guilty as charged or convicted Cunningham of a lesser included offense. The Jury could do neither.

Prosecutors can retry Cunningham. .