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Jurors say when they left the courtroom, one juror was holding out on the manslaughter charge against Keith Phoenix.

The jury's last note to the judge read "one juror refuses to deliberate."

A new trial is scheduled for June 15.

Earlier in the day, jurors asked for clarification on the definition of committing something "in concert," if prosecutors have to prove "intent," and for read-backs of testimony from two witnesses.

Keith Phoenix is accused of attacking Jose Sucuzhañay and his brother Romel with a bat in December of 2008.

He pleaded not guilty to second degree murder, manslaughter, assault, criminal possession of a weapon and hate crime charges.

Prosecutors say the victims were attacked because they were Hispanic and because their attackers thought they were gay.

Defense lawyers have denied that bias played a role.

"The entire Sucuzhañay family has had to endure this terrible process. It's very painful for them. I'm sure it's not going to be any easier from now on. As I said before since Romel is a very important witness in this case, it's hard for him to say any comments," said Pablo Calle of the Ecuadorian Department of Migrants.

"After a couple of days of watching this jury go through what they did, I can't say I'm totally shocked it wound up in a mistrial. They're obviously wrestling with some issues and I know that they tried very, very hard," said Phoenix's attorney, Philip Smallman.

The other man charged in the attack, Hakim Scott, was convicted of manslaughter Thursday, but acquitted of murder and hate crime charges.