Jeffrey Martinson

Jeffrey Martinson listens on during his trial in Superior Court Wednesday Aug, 23, 2011. Martinson is charged with the first-degree murder of his 4-year-old son back in 2004. Aug 23, 2011. Darryl Webb/AFN

Darryl Webb

A judge has declared a penalty phase mistrial for an Ahwatukee Foothills man previously convicted of first-degree murder and child abuse in the 2004 death of his young son.

Maricopa County Superior Court jurors were unable to reach a verdict Wednesday on whether Jeffrey Martinson should get the death penalty.

The 43-year-old Martinson was convicted Nov. 14. He was accused of killing his 5-year-old son Joshua Eberle-Martinson after a weekend visitation in August 2004.

Authorities say the boy was found dead in a bunk bed at his father's apartment.

A laboratory tested Joshua's blood at the time of death and found toxic levels of a muscle relaxer.

The trial was delayed for years as Martinson went through five sets of legal counsel. It finally began last August.

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