Brown's first trial ended in 2006, with two jurors voting to convict him of first-degree murder, eight voting for second-degree murder and two favoring manslaughter. In 2009, a jury split evenly between second-degree murder and involuntary manslaughter. Apodaca, the third jury’s foreman, said it took one day of deliberations for the entire jury to agree. A key to the case, he said, was an expert witness who said the girl's injuries were inconsistent with a slip or trip and instead suggested that she was thrown.
