** FILE ** Opening statements in the trial of Eva Daley, seen here in a file photo taken in Long Beach, Calif., Tuesday, July 17, 2007, began Wednesday,
** FILE ** Opening statements in the trial of Eva Daley, seen here in a file photo taken in Long Beach, Calif., Tuesday, July 17, 2007, began Wednesday, Sept. 24, 2008, in Long Beach. Daley is a mother charged with driving her 14-year-old son and six other juveniles to a skate park so they could attack another teenager..Kevin Chang/Press-Telegram (Kevin Chang)

LONG BEACH - A Long Beach mom charged with murder in the slaying of her son's 13-year-old gang rival will face trial for the third time, authorities confirmed Thursday.

Eva Daley appeared briefly at the Long Beach Superior Court Thursday, when a tentative trial date was set for late February.

Her first trial for the June 2007 killing of Jose Cano resulted in a conviction of second-degree murder in 2008. The guilty verdict, however, was overturned in 2010 by a state appellate court that ruled one of the jury instructions was "impermissibly ambiguous."

Daley's second trial ended last month when the jury deadlocked 10 to 2 in favor of guilt. Jurors in that case deliberated for about two days before telling the court they could not continue.

Daley, meanwhile, has been in custody since her 2007 arrest for the slaying of the 13-year-old boy, who police and prosecutors said was a bitter rival of Daley's 14-year-old son.

The 35-year-old mother is charged with first-degree murder and gang allegations for the killing of Cano, who was jumped by a group of seven youths - members of a tagging crew turned gang - and beaten, kicked and stabbed nine times, Deputy District Attorney Dean Bengston said.

The prosecutor argued Daley was as responsible as the youth who stabbed Cano to death, saying the mother was angry about being disrespected by her son's rival gang after they threw road flares at her back door. He also noted Daley's son, then 14, had been stabbed by members of Cano's gang six months earlier.


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Court-appointed defense attorney Javier Ramirez told the jury his client has no history of gang affiliation. She knew one of her three children was getting into trouble, but not even the police department considered his "crew" a gang at that time.

Daley testified she was afraid when the other teens attacked her home, so she called her son's friends over, then decided to take them home when a police helicopter swept through the area.

Daley's son and five other youths were tried and convicted in Juvenile Court for the killing, while the 15-year-old who wielded the knife, Heriberto Garcia, was tried in adult court with Daley and found guilty of second-degree murder. He is serving a 15-year-to-life sentence.

tracy.manzer@presstelegram.com, 562-499-1261, twitter.com/tmanzer