that was detrimental. >> were you working on your marriage when you called michelle monie? ichelle and i confided a lot in each other. we talked about my issues with my wife. she talked about her issues with her husband. >> so is the answer yes when you had an affair with michelle miney that you were working on your marriage? >> no, ma'am. having sexual intercourse and having intimacy was very detrimental to that. >> the cross-examination lasted a full hour. and the next day the case went to the jury. >> retire to the jury deliberation room. >> it soon became clear jurors were having trouble. >> indicated that y'all have not yet reached a unanimous decision. >> the jurors were split 6-6. the judge sent them back to try to make it unanimous. >> everybody else remain, the jurors leave for a second. >> hours later, they were back, and courtroom 3c was still. >> it appears that they are hopelessly deadlocked at this point. >> eight jurors had voted for acquittal. four voted guilty. judge stevens declared a mistrial. was serious consideration given to dropping the case? >> i thin