A mistrial was declared today in the murder trial of Wharton undergraduate Irina Malinovskaya.

The ruling marks the third hung jury in Deleware's prosecution of Malinovskaya.

Judge James Vaughn discharged the jury after the foreman informed him that further deliberations would not yield a verdict.

The jury hung 8-4 in favor of conviction on the first-degree murder charge, 10-2 for second-degree murder and 10-2 for possession of a deadly weapon.

She was convicted of tampering with physical evidence, but the felony carries a maximum sentence of two years, which Malinovskaya has already served.

Lead Prosecutor Paul Wallace would not say whether the state will decide to try Malinovskaya a fourth time.

Malinovskaya remains in custody awaiting sentencing for the charge of tampering with physical evidence. The date for sentencing has not been set.

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