it was his and not garry dunn 's. did it work? yes it did.iberations, the jurors said they were hopelessly -- the judge declared a mistrial. but the prosecutor was not giving up. you probably be filed murder charges, and garry dunn's second trial began in 2011. >> now, gary dunn being trying to second time, after his first trial ended in a hung jury. >> this time they allow the prosecutor to reveal a very dark fact about gary dunn. he was a convicted felon, before nona was murdered. jurors heard from a woman named kelly joe fits harris who happen to have the grave misfortune of jogging past gary done on the wrong day, in the wrong place, in 2002. >> it's a popular trail with runners, but very isolated. kelly came running by herself from that direction, she saw a man sitting here, on this bench. as she ran up the trail this way, she heard footsteps behind her, turned around and the man had a huge stick, he hit her over the head with it, knocked her down, hit her repeatedly. as he beat her, she relies the only way for her to escape was to wiggl