A mistrial has been declared in the trial of a Toronto woman charged with second-degree murder in the death of her toddler daughter -- one in which her former boyfriend confessed to the crime.

The jury in the trial of 33-year-old Erika Mendieta had sent a note to the trial judge on Friday afternoon saying they were deadlocked, but the judge urged them to continue deliberations.

By shortly after 7:30 p.m., the jury had called it quits. They had deliberated for a total of about 14 hours.

Derrick Parras, the father of murder victim Emmily Lucas, said he is serving a life sentence for what happened.

Mendieta had nothing to say as she left the courthouse surrounded by friends and family.

On Nov. 13, 2003, paramedics rushed Emmily Lucas, only 2� years old, to Humber Regional Hospital. Ten days later, she would die.

While she succumbed to severe head trauma and an associated cardiac arrest, doctors noted that Emmily's body was covered with severe bruising when she got to hospital.

Although Mendieta is Emmily's birth mother, Parras' sister Selena Lucas had raised the little girl from birth. Erika took Emily back five months before the girl's death. That launched a custody battle, but Emmily died before it ever got before a judge.

Mendieta took the stand to say she didn't administer the fatal blow, although she did admit to spanking Emmily.

However, in a police-recorded conversation with Parras in February 2005, Mendieta suggested that had police overheard the call she made to him the night Emmily went to hospital, it would have triggered her arrest.

In a stunning twist, Johnny Bermudez, a former live-in boyfriend of Mendieta's, said he administered the fatal blows to Emmily while Erika was out to pick up her other four children. He testified that while babysitting Emmily and his own son, the children started crying and wouldn't stop. He slapped them repeatedly and pushed them to the ground, he said.

During his instructions to the five-woman, seven-man jury, Justice Todd Ducharme told them even if they didn't believe Bermudez, they could acquit Mendieta if they believe his testimony raises a reasonable doubt.

The Crown had argued Bermudez can't be believed, saying he had lied in court before and that his explanation can't explain Emmily's extensive injuries.

During its cross-examination of her, the Crown accused Mendieta of believing that Emmily never really fit into her family and so singled her out for special punishment.

In its closing arguments, the defence said Bermudez's story supported their client's version of what happened. Her lawyers also argued that certain incriminating statements she made should be viewed as statements of regret Mendieta had for not taking Emmily to the hospital after a fall on some stairs that happened a few days before the fatal beating.

A new trial appears likely. The two sides will meet Nov. 18 to discuss the situation.

If that happens, "I'm sure that justice will be served," Selena Lucas said. "This was just a child, a little person who was just beginning to live."