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post #1455 of Old 12-18-2012
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Re: HMS Bounty in trouble...

Originally Posted by Minnewaska View Post
I have a recollection of a jury I sat on once. We were 11 guilty to 1 undecided, deadlocked. It was painful. Juror #3 kept asking for testimony to be read back, reenactments in the jury room, etc. It started very healthy and all jurors, including me, really wanted to hear another point of view. It became obvious, after an entire day, that Juror #3 wanted attention and we were just lapping over old ground. I suggested to my fellow jurors (privately) that we just sit still and not say a thing. If juror #3 wanted to speak, we would answer, but not push the conversation. We literally sat silent for 5 minutes, which feels like an eternity. The next word spoken was from Juror #3 and she said, "I guess you are all right", he's guilty. (Felony assault, by the way).

I was on a jury about 15 years ago. Vehicular homicide. Husband and wife in the car with their baby. Country road. One of them driving. Police charged the husband. Young baby of 8 months killed in the accident Testimony and trial lasted 1.5 days, lots of circumstantial evidence. No eyewitness to who was driving. Both parents accused each other of being at the wheel in the press but invoked spousal priviladge in the trial.

Jury deliberations started , foreman came in and stated well it looks obvious what the verdict is, so we read some testimony went over definitions of vehicular homicde and took first poll. 10-2 to convict. The 10 in the majority were upset. The two in the minority asked to go though all the testimony point by point. Reinacments, charts were also done in the jury room. One day dragged into two dragged into three...every poll taken came back 10-2. The majority got even more vocal about the 2 holdouts. Charges of favoritism...charges of being coerced...charges of being stupid...charges of not having enough sense to see all the facts. Majority reiterated time after time that it was obvious who was at the wheel, but couldnt be determined by factual eyewitness or forensic evidence. Deadlock continued into day 4 with majority of playing the emotions of the 2 holdouts that someone had to be held responsible. Lots of peer pressure. Finally 1 of the 2 relented. Trial ended in a hung jury. Lots of hard feelings between the majority and the one holdout juror. The one holdout kept reiterating she was not conviced. No real evidence who could determine which parent was actually driving.

8 months later in the newspaper there was a story of a woman committing suicide. In her handwritten note she admitted she was driving. The one juror was correct

BTW I was not the one holdout juror. Shame on me. I went with the mob.

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