1:30 a.m.: After seven hours of deliberation, no verdict yet

WASHINGTON, Pa. - After seven hours of deliberations, jurors in Terrell Yarbrough's murder trial were allowed to go home at approximately 11:40 p.m. Monday by Judge John F. DiSalle, with proceedings to reconvene at 11 a.m. Tuesday.

Yarbrough, 28, of Pittsburgh is charged with two counts of criminal homicide and two counts of conspiracy to commit criminal homicide in Washington County Common Pleas Court. Yarbrough and Nathan "Boo" Herring are accused of the 1999 kidnapping-slaying of Aaron Land, 20, of Philadelphia and Brian Muha, 18, of Westerville, Ohio.

Jurors began deliberations at 4:30 p.m. Monday, following closing arguments and the judge's instructions.

In his closing statement, defense attorney Ken Haber argued that Yarbrough had no intent to murder Land or Muha and was acting as a lookout in a crime "orchestrated" by Herring. He pointed to testimony by Barbara Vey, whom Herring and Yarbrough had allegedly carjacked later on May 31, 1999, that Yarbrough had stepped between Herring and Vey.

"This crime is so horrible, we're going to blame everybody," Haber said. "We're going to blame Terrell Yarbrough."

In his closing arguments, Washington County Assistant District Attorney Michael Lucas pointed out various inconsistencies in taped statements made by Yarbrough to Steubenville police officers in 1999, including giving a false name and false address, of his consciousness of guilt.

He also pointed to Yarbrough's taped statements to the Pennsylvania State Police that he would receive a payment of $200 for acting as a lookout, telling jurors that greed was a motive.

"You can do what Andrew Doran couldn't do. Take that hood down, take that handkerchief away and expose the killer of Brian Muha and Aaron Land," Lucas said in reference to a roommate who had escaped the McDowell Avenue apartment and called 911 on the day of the murders.

The judge gave jurors instructions on points of law concerning conspiracy, accomplices, malice, intent, consciousness of guilt, kidnapping and robbery.

Following a question by the jury at 6 p.m. Monday, trial participants assembled while DiSalle gave additional instructions. The jurors asked whether they could listen to one of Yarbrough's previously taped statements, and DiSalle told them that they must rely on their memories. The jurors also asked about the difference between murder in the first degree and murder in the second degree, and DiSalle reiterated the different degrees of murder for the jury, which then returned to deliberations.

Also Monday, Pennsylvania State Trooper Pierre Wilson testified about the search for Land and Muha and the recovery of their bodies. During his testimony, photos of the scene and Land's and Muha's bodies were shown to the jurors.

The jury may return a verdict of guilty or not guilty to murder in the first degree, murder in the second degree or murder in the third degree on two counts of criminal homicide. They may also return a verdict of guilty or not guilty on charges of conspiracy to commit criminal homicide, according to DiSalle.

If convicted, Yarbrough could be sentenced to death or life in prison with no possibility of parole.

Land and Muha were students at the Franciscan University of Steubenville when they were kidnapped from their home at 165 McDowell Ave. in Steubenville shortly after 5 a.m. on May 31, 1999. Yarbrough and Herring are accused of ordering the two students into Muha's 1996 black Chevrolet Blazer, then driving them to a section of U.S. Route 22 near the Bavington exit in Robinson Township, Pa., where they were killed.

Yarbrough and Herring were both found guilty of the kidnapping-slayings in Jefferson County, but their murder convictions were overturned by the Ohio Supreme Court, which found that the murders took place in Pennsylvania. Yarbrough also was convicted in Jefferson County of aggravated robbery, kidnapping, gross sexual imposition and theft and was sentenced to 59 years in prison. The state supreme court allowed those charges to stand.

Herring was sentenced to life in prison for the murders, a sentence which was vacated, and 65 years on other charges, which also stood. His murder trial in Washington County is pending.

A Jefferson County jury sentenced Yarbrough to death, but the sentence was vacated with the conviction.

(Wallace-Minger can be contacted at swallace@pafocus.com)