Updated 10/12/2011 09:05 PM
McElheny not guilty on eight counts, mistrial declared on child endangerment charge
After days of deliberations, the jury in the Joseph McElheny's trial acquits the 32-year-old of murder. McElheny was accused of killing his four-month-old daughter last year. Solomon Syed has more.
To view our videos, you need to
enable JavaScript. Learn how.
install Adobe Flash 9 or above. Install now.
Then come back here and refresh the page.
TROY, N.Y. -- Joseph McElheny, acquitted on eight of nine counts, for the first time in over a year, he's experiencing freedom.
"You know, it's kind of a surreal experience, but I'm glad to be going home," McElheny said.
McElheny was freed from the Rensselaer County Jail just hours after learning he'd finally be going home.
After four grueling days of deliberations, the jury acquitted the stay at home dad on eight of nine counts, including the murder of his four-month-old daughter, Ina.
"Having real food, going and spending time with my wife. You know, jail is a lonely place," McElheny said.
Immediately following the verdict, McElheny embraced his wife, Melinda, who remained by his side the entire time. She had harsh words for prosecutors.
"We need to shine the light on child abuse, but not at the expense of tearing apart innocent families. And not with a blind eye toward the injustice that results from jumping to conclusions," Melinda McElheny said.
But Melinda's strong testimony in support of her husband did him justice in the eyes of jurors.
"Hearing both Joe and Melinda speak was highly influential on myself and it had an impact on other jurors," juror Nathaniel Ekstrom said.
Still, it took jurors about 32 hours to come to a decision after a series of dramatic twists and turns where they went from being very close at times to very far apart.
"How about those videos? Did you guys watch those at all? How important were those?" our reporter asked.
"We watched them all. She never seemed to be in any discomfort, in pain or being mistreated," Ekstrom said.
Ultimately, they were hung on the final charge of endangering the welfare of a child. The judge declared a mistrial on that one count and now prosecutors must decide whether they'll re-try him on that misdemeanor count. But for now, they attempt to move on with their lives.
"For the last 16 months, these peoples' lives have been turned upside down. Threat of indictment hanging over your head from day one," said Greg Cholakis, McElheny's attorney.
"Well, I'm never coming back to a place like this again," McElheny said, pointing towards the jail.
The prosecution, defense and judge will meet Tuesday to decide if they'll pursue the last count against. But for now, McElheny is a free man.