He is going to be retried.
I would far rather give the prosecution a chance to correct the problems the defense brought up and have a do-over than accept the results of a negotiation between jurors for conviction and jurors for acquittal, which might lead to an intermediate verdict (guilty of a lesser charge).
He is going back to jail for another 2 months and then another trial. The prosecution has a strong case and has seen the defense claims. They can now rebut those claims before they are presented, which should produce a just verdict.
I totally agree, the judge sent a message by not allowing the Allen charge. Notice that liberal lawyer Kuby did not like the Ruling? I think the judge saw that best case, they would always deadlock, and worst case, they would acquit. Why take a chance, get a new Jury that can understand DNA and a confession.
It is much harder to get a conviction on a retrial. The transcript from the first trial will be used to impeach the witnesses. Were you lying then, or are you lying now? People don’t use the exact same words to tell a story every time. I never worked a mistrial that didn’t include an Allen charge.