February 16, 2011
By Staff Reporter
A new trial in the case has been set for July 22 when a jury will be sworn in.
Monaghan, 27, remains in custody on $5 million bail after being acquitted by a jury June 26 in San Francisco Superior court.
Monaghan was charged with the murder of Lionel Voillat, a Swiss
national, during a Halloween party aboard a cruise ship in San Francisco Bay last October.
The prosecution alleged that Monaghan threw Viollat overboard after an argument when Viollat came upon his girlfriend and Monaghan together on deck.
Defense attorney Ken Quigley argued that his client had acted in self-defense when he was attacked by Viollat, who was in a jealous rage because he saw the couple in a farewell hug.
After two days of deliberation, the jury came back to declare Monaghan not guilty of first- and second-degree murder but asked for further instructions from Judge Philip Moscone on the remaining charges of voluntary and involuntary manslaughter.
The jury told the judge that they were split 10-2 for acquittal on the voluntary manslaughter and had not deliberated on the charge of
involuntary manslaughter.
At the judge’s request, the jury returned to deliberate on the manslaughter charges but returned a short time later to announce that they were still deadlocked.
Judge Moscone dismissed the jury. Subsequent discussions between the prosecution and defense failed to reach agreement on the matter of sentencing for manslaughter and this prompted prosecutors to move for a new trial.