No Screaming The jurors were also unable to reconcile their differences over the riot charge, with eight voting guilty and four not guilty.
The three are now on trial on riot charges.
In 1983, Rubashkin was arrested and indicted on felony assault and riot charges.
The discrimination count and second-degree riot charge are each misdemeanors punishable by up to one year in jail.
In April 2003, he was acquitted of the riot charges.
Another four men face riot charges today.
The Appellate Division said prosecutors could seek a new indictment on the dismissed riot charges.
He was convicted of a lesser riot charge.
The noise almost drowned out the jury's guilty verdict on the riot charge.
They noted in interviews that the four defendants in the first trial were acquitted of a first-degree riot charge.