The Stanislaus County district attorney's office will proceed with another trial against a real estate agent accused of swindling a man after her first trial ended with a hung jury last month.
Erica Burdg of Modesto was charged with grand theft, forgery and attempted perjury. She was accused of taking money from Carlos Gonzales, who believed he was buying a three-bedroom, two-bathroom house in Newman 10 years ago.
Gonzales and his wife, Ernestina Valladarez, thought they owned the house on Orchard Creek Drive and had given Burdg a $22,000 down payment and $1,200 monthly mortgage payments.
Burdg testified that Gonzales' bad credit and lack of employment collapsed the deal to purchase the home. The defendant said she instead talked her husband into buying the house as an investment and that they rented the house to Gonzales' family.
On Aug. 18, Stanislaus County Superior Court Judge Linda McFadden declared a mistrial when a jury of eight women and four men could not unanimously agree on a verdict. The jury deliberated for several hours over two days.
The jury foreman informed the judge they were deadlocked with 11-1 votes on each charge. The jurors did not tell the court which way the votes were leaning.
During a hearing Friday morning, Deputy District Attorney W.R. McKenzie told Judge McFadden they will move forward with a second trial.
Burdg was undergoing surgery Friday morning, so her defense attorney Kirk McAllister appeared on her behalf. The judge scheduled a hearing Nov. 7 to schedule a start date for the second trial.
"The victims are grateful that the prosecution has decided to retry the case," said Michael Linn, the Gonzales family's attorney. "They hope that the court will try to expedite the prosecution, since they have been waiting six years for justice."
Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or (209) 578-2394.
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