The deliberation was apparently too much to bear for the jury in Nicollette Sheridan’s wrongful termination lawsuit against the makers of Desperate Housewives. A Superior Court judge on Monday declared a mistrial after the jury was split 8 to 4 in favor of the actress — one short of the nine needed to make a decision.

Juror Beverly Crosby told reporters Monday that she believed Sheridan was hit by Executive Producer/Creator Marc Cherry, which the actress believed precipitated her firing. During the civil trial, ABC argued that it had approved the death of Sheridan’s Edie Britt character in May 2008 — four months before Cherry had struck the actress at the beginning of season 5 in September 2008. Sheridan was killed off later that season after, her attorneys allege, Cherry was cleared of wrongdoing by ABC.

“The evidence showed she was struck, so we didn’t get bogged down with the terminology,” Crosby said. “I looked at the fact that she was touched without permission.”

The jury went into the weekend deadlocked but Judge Elizabeth Allen White urged them to try to resolve Sheridan’s $6 million suit against ABC.

Both sides will reportedly seek a new trial.

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