New trial in Ecuadorean beating death case

June 14, 2010 4:03:34 AM PDT
A man accused of killing an Ecuadorian immigrant is back in court in Brooklyn for a new trial Monday.

Jose Sucuzhanay was beaten to death with a baseball bat in Bushwick in 2008.

The first murder trial of Keith Phoenix ended in a mistrial after one juror refused to continue deliberating.

Selection of a new jury resumes.

Prosecutors say Phoenix yelled racial and anti-gay slurs at the victim.

Phoenix claims he was provoked.