- Feb 23, 2013
- Reaction score
RBBM. I truly hope JSS was mistaken by the wording of juror 18. But what sticks out to me is that he wrote in there "@ this time". That leads me to believe they were deadlocked at that time. I think the reason they wanted clarification so soon after deliberation is because it wasn't just ONE holdout juror. It must have been pretty split. 6/6 or 6/7 etc. And out of overwhelming frustration- the question was then posed to JSS. JMO but it makes sense (to me at least). Hope Im wrong! :seeya:
IIRC, the question according to the court twitter said, "@ this STAGE" - to me, this implied the jury wondered if at this PHASE of the trial (PENALTY phase versus GUILT or AGGRAVATION phase), the procedures would be different IF they got to a point where they were not in unanimous agreement. Here is a post I made yesterday regarding this:
If you watch the judge reading jury instructions on YouTube croakerqueen day 3 part 2 starting at 14 min (final jury instructions), she reads the paragraph quoted earlier in this thread about letting the judge know if they are not unanimous. Here is the quote posted earlier and attributed to azcental although I have NOT been able to confirm it is an accurate quote so please consider that:
The jury sent a handwritten note on an official question form to the judge. It said: If the jury is unable to come to a unanimous decision @ this stage, do we notify the judge of this on the form (verdict) or do we just tell the judge her instruction on the bottom P. 10 on the final jury Instruction-Penalty phase?
IMO the "her" in "... tell the judge her instruction on the bottom of P.10" is a typo and should read "per".
Then watch when the judge gives the final, FINAL jury instructions about the verdict form on YouTube croakerqueen day 3 part 4 (rebuttal and charge to the jury) starting at 10:44- there she describes three boxes for the jury to choose from to check for their verdict (death, life, or "no unanimous agreement").
iMO the jury was going through these instructions and realized that the first part said to tell the judge if they were not unanimous but the second part said to mark the box on the verdict form if they ended up not unanimous. They wanted clarification.
Also, someone earlier posted that they asked "at this stage" in the note to the judge - I think they may have meant "at this phase" - ie during the PENALTY phase ("stage") do they let the judge know if they are not unanimous as they would have done during the GUILT or AGGRAVATION phase ( verdict forms on those did not have a box for "no unanimous agreement" IIRC) or do they check the daggum box on the verdict form?
I think it is a very detail oriented jury and they stumbled upon the conflicting instructions about what to do IF they ever ended up in a position of not being unanimous. I don't blame them for asking for clarification.