By Karen Gutierrez
and Brenna R. Kelly
The Cincinnati Enquirer

COVINGTON - A mistrial was declared Thursday after a jury failed to reach a verdict in the case of a professor who sued Fox News for libel.

Attorneys for both sides said they expect to have another trial.

The jury had been deliberating since 4 p.m. Monday and told U.S. District Judge David Bunning that voices had been raised in the jury room. Attorneys declined to speculate Thursday on which issues deadlocked the jury.

During the week-long trial in federal court, Northern Kentucky University professor Clinton Hewan had tried to prove that a May 2, 2001, article published by Foxnews.com was substantially untrue and damaging to him.

The piece focused on the controversy over Hewan's remarks at a 2001 forum called to discuss racial unrest in Cincinnati. The forum took place two weeks after the fatal shooting of Timothy Thomas, an unarmed African-American man who was fleeing police, by Cincinnati police officer Stephen Roach.

A reporter for NKU's campus newspaper, The Northerner, was present at the forum and quoted Hewan as saying, "I do not advocate any violence as an initiate. But in the case of willful murder, the family (of Timothy Thomas) should go out and get that policeman." According to The Northerner, Hewan also said the family should "quietly stalk that SOB and take him out" in order to stand up for themselves.

A furor ensued, with NKU President James Votruba issuing a stern rebuke to the professor. Hewan subsequently complained that his comments had been taken out of context by The Northerner.

Six days into the controversy, which was heavily covered by Cincinnati media, Fox News published its article, headlined "Prof's Kill-a-cop Comments Prompt Outcry at College Near Cincinnati." The first paragraph said the professor's "call for deadly vigilante justice" against Roach had sent shock waves across NKU.

As a result, Hewan received death threats, had to seek protection and became a pariah on campus, he claimed in his lawsuit.

The article mentioned in the fourth paragraph Hewan's claim that his remarks were taken out of context. Later paragraphs elaborated on that claim and even quoted Votruba as saying Hewan was a "good man and a good teacher" with a sometimes confrontational style.

Hewan's attorneys, Marc Mezibov and Chris Jenkins, tried to keep the jury's attention focused on the beginning of the article. The first paragraph was highlighted in boldface, as is the custom of Foxnews.com, and it sent the message that Hewan advocated the murder of a cop, Mezibov told the jury.

That wasn't true, NKU students testified last week. Four who were present at the forum said they knew Hewan was speaking hypothetically about what might happen if people were pushed to the limit by police brutality.

In its defense, Fox News attorneys presented testimony from Gail Wells, dean of NKU's College of Arts and Sciences, among others. After The Northerner article appeared, Wells asked Hewan about his remarks.

He didn't deny them, she testified. In fact, he said he had carefully chosen words that would get people's attention, and Wells' presence in his office was proof it had worked, Wells testified.

E-mail kgutierrez@enquirer.com and bkelly@enquirer.com