If there is a hung jury do you think the prosecutors will retry the case?

trixi491 · #1 03-16-2009, 07:51 PM

Hung jury being if there are way more jurors leaning toward a conviction. Based on the amount of evidence and the age of the victim I would really hope so!

ecs5298 · #2 03-16-2009, 07:53 PM

I hope they don't get a mistrial but if they do, I'm sure they'll retry the case.

JBean · #3 03-16-2009, 07:56 PM

jiminy christmas isn't this jumping the gun a bit LOL.
We'd have to wait for juror interviews and see what the fall down was.

trixi491 · #4 03-16-2009, 07:56 PM

Also, if there is a mistrail and they chose to retry the case, does KC get held in jail until the retrial or is she set free for the time being?

whiteangora · #5 03-16-2009, 07:57 PM

I can't even bring myself to think about that!
I know it only takes one, but let's hope that "one"
is not on the jury.
ETA: Forgot my answer, of course they will retry.

trixi491 · #6 03-16-2009, 07:58 PM

Quote:

Originally Posted by JBean

jiminy christmas isn't this jumping the gun a bit LOL.

I just notice so many people worrying that "all it takes is that one juror and KC will walk free." However, if there is a retrial that's not necessarily the case

JBean · #7 03-16-2009, 08:02 PM

Quote:

Originally Posted by trixi491

I just notice so many people worrying that "all it takes is that one juror and KC will walk free." However, if there is a retrial that's not necessarily the case

The reality is we don't know if they would retry it if we don't know what the issues are. If they have good evidence and present a strong case and the jury is hung, they will interview the jurors see what the problem was and re-try. if their case is not strong and the vote isn't even close, they will have to seriously consider that they do not have the goods and not retry.
What I mean is it is, imo, impossible to answer this question until we see their CIC.

diablo · #8 03-16-2009, 08:04 PM

Retrial yes. 99% due to the crime but also because of the direct lying to Police.

Absolutely · #9 03-16-2009, 08:06 PM

If the jury is hung....the defendant would hit on it :HappyBday

NancyT · #10 03-16-2009, 08:07 PM

I voted yes, but in all honesty, it won't only be the fact that the jury hung that will weigh in an ultimate decision to retry. If jurors opt 11-1 in favor of acquittal, you can take it to the bank that they won't retry the case. If however, it's the opposite direction; as in the Phil Spector trial, they'll probably announce right out front of the courtroom during the presser that they will be retrying. If it's a lone holdout, it's a no brainer and they won't even need to regroup to make that decision.

trixi491 · #11 03-16-2009, 08:08 PM

Quote:

Originally Posted by JBean

The reality is we don't know if they would retry it if we don't know what the issues are. If they have good evidence and present a strong case and the jury is hung, they will interview the jurors see what the problem was and re-try. if their case is not strong and the vote isn't even close, they will have to seriously consider that they do not have the goods and not retry.
What I mean is it is, imo, impossible to answer this question until we see their CIC.

True, my question is more based on if people think, at this point, the prosecutors are that convinced KC is guilty and the charges against her are worth putting in the time and effort for a retrial.

NancyT · #12 03-16-2009, 08:08 PM

Quote:

Originally Posted by trixi491

Also, if there is a mistrail and they chose to retry the case, does KC get held in jail until the retrial or is she set free for the time being?

She'll be held, thank GOD!

NancyT · #13 03-16-2009, 08:11 PM

Quote:

Originally Posted by JBean

The reality is we don't know if they would retry it if we don't know what the issues are. If they have good evidence and present a strong case and the jury is hung, they will interview the jurors see what the problem was and re-try. if their case is not strong and the vote isn't even close, they will have to seriously consider that they do not have the goods and not retry.
What I mean is it is, imo, impossible to answer this question until we see their CIC.

Agree, but they'll poll the jury and know what the split is right away. If it's one holdout, it's going to be tried again, but if there are a few in both directions, the state will need to regroup and make that decision at a later time.

JBean · #14 03-16-2009, 08:13 PM

Quote:

Originally Posted by trixi491

True, my question is more based on if people think, at this point, the prosecutors think KC is guilty enough and the charges against her are worth putting in the time and effort for a retrial.

Like I said , imo it depends on what the jurors say. Why didn't they convict? what were the issues? if the issues are surmountable, then yes they will retry. if the issues are insurmountable they might not want to, or try her on lesser charges if that would help.
we had a case here where the jury could not convict on a gang rape even with videotaped evidence! The defendants were teens that were facing 50 years in prison and so the jury just couldn't convict and found fault with the taped evidence. So because the case was very strong, but they knew the problem with conviction was that the offenders were young, they reduced the charges dropped some charges and they were convicted on a retrial. They ended up doing a few years in prison.

ecs5298 · #15 03-16-2009, 08:17 PM

JBean has hit the nail right on the head. We also have to remember that she's also facing check fraud and theft charges. They have her red handed on that one. So, she will do time.

If she manages to weasel out of the murder charges with the "one hung juror" then we can only hope that the judge will sentence her to consecutive sentences on the check/theft charges (which I believe there are 17 of). Ten years on each charge. 170 years consecutively! Works for me!

JBean · #16 03-16-2009, 08:19 PM

Quote:

Originally Posted by ecs5298

JBean has hit the nail right on the head. We also have to remember that she's also facing check fraud and theft charges. They have her red handed on that one. So, she will do time.

If she manages to weasel out of the murder charges with the "one hung juror" then we can only hope that the judge will sentence her to consecutive sentences on the check/theft charges (which I believe there are 17 of). Ten years on each charge. 170 years consecutively! Works for me!

Nancy T is also correct in that if there is just one holdout, there is no doubt it will be retried.

trixi491 · #17 03-16-2009, 08:19 PM

A better title should probably have been "if the verdict was 11-1 in favor of conviction." I know a bunch of people have been worried about that "1 juror resulting in KC walking free" but I just don't see how they wouldn't retry based on 1 person. And I was just wondering other people's opinions. Does anyone know how I can change the title of the poll?

JBean · #18 03-16-2009, 08:20 PM

Quote:

Originally Posted by trixi491

A better title should probably have been "if the verdict was 11-1 in favor of conviction." I know a bunch of us are worried about that 1 juror and KC walking free but I just don't see how they wouldn't retry based on 1 person. And I was just wondering other people's opinions..

Okay i see more what you are asking. i just thought you meant in general.

cecybeans · #19 03-16-2009, 09:26 PM

Well if by some horrific miscarriage of justice it happens, let's just hope she spends the time for her forgery charges in general population. (Please, please don't tell me they dropped those charges...)

ThoughtElf · #20 03-16-2009, 10:31 PM

I didn't vote, but don't forget even if they get hung on the homicide charges, the entire jury can still find KC guilty of the Aggravated Child Abuse charges, I believe?

I'm quoting this post from an older thread, because I think the bolded part is really relevant to the poll question:

Quote:

Originally Posted by MiraclesHappen

I voted yes as I have always maintained Casey would be indicted for a death penalty crime.

If they fail to convince a jury there was premeditation, it will not preclude this from being a death penalty case.
If they find Caylee was killed during agg. child abuse...that is also first degree murder and a capital offense in Florida.

Interesting legal point was brought up by a Wser yesterday, sorry I cannot recall who.
But the Supreme Court has ruled that all 12 jurors do not have to agree on premeditation vs death during agg. child abuse for it to be a unanimous verdict.
The Court's reasoning was that both methods of causing death equate to first degree murder and hence they do not take the jury's findings into the realm of 2 different crimes so as to make them not unanimous.
In plain English, if 6 jurors say death during child abuse but no premeditation to kill....and 6 say it was premeditated---that is a unanimous verdict of guilty.

Sorry about the yakkety yakkety....I just found that really interesting so thanks again to whoever posted that case!

It is from this thread, which was a great read with a lot of detail about how the case can swing. (It is also a poll): http://www.websleuths.com/forums/sho...ighlight=legal

star444 · #21 03-16-2009, 10:43 PM

Absolutely!

EmMomma · #22 03-17-2009, 12:43 AM

Absofreakinlutley.

If, by some freak chance, she is not found guilty of murder, she has all the check charges (as other posters have already pointed out) which will ceratinly mean jail time. IMO, though, JUSTICE will be SERVED for Caylee in the form of a murder conviction.

hroark2112 · #23 03-17-2009, 12:51 AM

In my opinion, the chance of a hung jury disappeared when the body was identified.

SeekingJana · #24 03-17-2009, 12:52 AM

I can't think of one reason at present how the case or any other charges could be dropped. If a mistrial should occur, Yes, I believe she will be retried and found guilty by a jury of her peers ( with some sense).
If this happens, all it means is that Casey has to sit through two trials, IMO.

Friday · #25 03-17-2009, 01:40 AM

Quote:

Originally Posted by JBean

The reality is we don't know if they would retry it if we don't know what the issues are. If they have good evidence and present a strong case and the jury is hung, they will interview the jurors see what the problem was and re-try. if their case is not strong and the vote isn't even close, they will have to seriously consider that they do not have the goods and not retry.
What I mean is it is, imo, impossible to answer this question until we see their CIC.

It's my understanding that a re-trial favors the prosecution because the defense has already "tipped its hand" and displayed its strategy, witnesses, etc. during the first trial. If that's correct, then I feel certain the prosecution would want to retry the case.