Mistrial Declared in B & B Killing

A mistrial was declared today in the case of a former B & B owner accused of killing a former business associate.

Louis Joseph DiBernardo, 60, was found guilty on charges of kidnapping and making criminal threats, but a jury was unable to come to consensus on a charge of degree murder.

The defendant ran his fingers hard over his eyes and forehead as the jury filed past him, leaving the courtroom in the Southwest Justice Center in French Valley.

He was accused of barging into The Castle Bed and Breakfast in Wine Country, which he built and owned, but leased to another couple, tying a tenant up and shooting to death her husband.

To read about the incident, .

Another trial will now need to be held to find out whether he is guilty of murder, said Brandon Smith, a prosecutor with the District Attorney's office.

It will probably begin in the spring of next year, he said.

Doubts cast their shadows

The jury was hung because some felt both the evidence supported both the defense and the prosecution's arguments.

"He (the prosecutor) couldn't prove beyond a shadow of a doubt whether it was accidental or intentional," said Robert Burk, one of the jurors.

The prosecution argued DiBernardo entered The Castle to kill his victim, Victor Borcherds, and then commit suicide. To read about the argument, .

The defense argued DiBernardo brought a gun to forcibly evict the Borcherdses, but then shot the victim by mistake trying to scare him.

To read about the argument,

Some had doubts about the honesty of the key witnesses.

When DiBernardo took the stand, it was hard to tell whether he was telling the truth, one juror said.

"I had some doubts, and I couldn't be sure," said Tim Comium, a juror.

The only other witness to the crime, the victim's wife, Suzanne Borcherds, seemed dishonest to some jurors. "You really want my opinion? I think she's a liar," Burk said.

To read about Borcherds' testimony, .

Justice was poorly served, friends say

Friends and family gathered outside the courtroom after the verdict was read. Some held each other silently, many talked about what would happen next to their beloved family member and friend.

"I'm confused. I don't know what to think. I don't understand it quite yet. I don't know what it all means," said Rob Zoblow, a friend who testified in DiBernardo's defense and attested to his good character.

Sherry DiBernardo, the defendant's wife, sat quietly on a bench with tears in her eyes, embracing a family member.

Last week, she testified on her husband's behalf. To read about her testimony,

DiBernardo has had much moral support since the beginning of the pretrial hearings. More than 100 friends crowded the hall outside a courtroom in January to urge a judge to release DiBernardo on bail.

to read about what happened.

Some friends complained the judge forbade the jury from hearing all the evidence pertinent to the case.

"I don't have any faith in the justice system," said Dave DiBernardo, the defendant's nephew. "The jury didn't have the whole truth. A lot of evidence was denied."

Several pointed to the Borcherdses' history of tumultuous loan dealings, including a deal in Utah which led state agents to attempt to seize massive assets from the couple.

They were also sued by former business partners in Riverside County for allegedly swindling them out of nearly $90,000. to see the court documents.

Because the defense attorney was forbidden from talking about the Borcherdses' spotted history, the jury was shortchanged, said Leana Derouin, the defendant's daughter.

"There were a lot of (facts) that weren't allowed. I don't feel justice was served," she said. "I believe justice will be served when he's home with us."

CORRECTION: This story was modified on Dec. 20 to more accurately reflect the familial relationship between Louis Joseph DiBernardo and his daughter, Leana Derouin. We apologise for the confusion.