The trial of a man charged with killing nine people at a suburban Phoenix Buddhist temple appear to be deadlocked. The judge in the case could decide what happens next on Thursday.

Johnathan Doody was 17 years old when he was accused of participating in the 1991 slayings at the Wat Promkunaram temple. He was found guilty in 1993, but an appeals court threw out his conviction and 281 year prison sentence in 2011, after finding that Doody’s confession was improperly obtained.

His retrial began Aug. 12. Jurors deliberated for less than a week before one of them said it was too emotional for her to continue. Deliberations were halted, and she was replaced with an alternate. The judge instructed the jury to start again on October 3.

On Wednesday, the panel indicated it is stuck. The judge said he is leaning towards declaring a mistrial. He is scheduled to meet with attorneys Thursday morning.

Prosecutors most likely will try Doody for a third time if a mistrial is declared.