The defense rests
Since 11:25, jurors passed around photos, boxes of evidence and records the defense presented as its evidence. The jurors didn't show much reaction. They would look at something and then write down a note in the note pads they've kept since the trial began June 8.
The defense rested at 12:30. The prosecution said it has no further evidence. The judge told the jurors they will hear closing statements tomorrow and will get the case at some point. Could we hear a verdict by tomorrow? There is no way to tell how long deliberation will take.
I actually will be back this afternoon. The attorneys and judge are going to have a charge conference at 2 - I believe that's when they will determine the charges and how to explain them to the jurors tomorrow. We'll see what Jerry possibly faces.
I will be back at some time.
The defense rested at 12:30. The prosecution said it has no further evidence. The judge told the jurors they will hear closing statements tomorrow and will get the case at some point. Could we hear a verdict by tomorrow? There is no way to tell how long deliberation will take.
I actually will be back this afternoon. The attorneys and judge are going to have a charge conference at 2 - I believe that's when they will determine the charges and how to explain them to the jurors tomorrow. We'll see what Jerry possibly faces.
I will be back at some time.
posted by THE HICKORY DAILY RECORD at at
12:35 PM
18 Comments:
The fact the defense did not ask Judge Cayer again to dismiss the charges somewhat surprises me unless they are very confident the jury will find in their favor. It does not surprise me the state had no further evidence for presentation. The lawyers and Judge Cayer meeting this afternnon would be interesting to listen to. I think this case will be wrapped up tomorrow afternoon. I do not foresee the jury being out long on this one either way. I could be wrong but I do not see a conviction, especially on murder in the first degree seeking the death penalty. I just do not believe the state has proven or provided enough hard evidence to the jury for them to send this defendant to death row. Stranger things have happened but I just do not see it. Too many unanswered questions.
To Jennifer:
I would like to thank you for your time and the updates you have given to us. You have done an outstanding job and your newspaper is lucky to have you. I have never heard you form an opinion and your reporting has been fair to both sides. Thanks again for your hard work and I wish you much success in the future.
Ret-investigator
I agree with you. But I think if the verdict doesn't come back really quick....then the best case for the state will be a hung jury.
ASA all the way!
RE Lee,
I would think you would be correct if the jury is out for long time. However, you will know that pretty quick if you are in the courtroom because they will send a message out to the judge that they are deadlocked and he will either instruct them to keep deliberating or bring them back into the courtroom and have them announce it in open court. You are correct this would be the best thing that could happen for the state because then they could retry Jerry again for the same crime. The only question is would the state pursue that on the current evidence they have.
The defense will renew their motion to dismiss tomorrow prior to closing arguments.
Jennifer,
I'd like to take a moment to thank you for the information and updates you've provided on this blog. What a terrific idea. You and your paper are to be commended for providing this forum to people intersted in the case. Whatever the outcome, you've shown yourself to be a true reporter. Good luck in your journalism career.
RE-Julius
Do you think Judge Cayer will dismiss the charges this time around if the defense request it? I'm sure Judge Cayer is aware of the states plea offer--Correct?
Jennifer,
I too will say THANKS for keeping everyone informed about the happenings in the court room. I wish you the very best and hope you make the big time news as a great reporter.
I will be really suprised if the jury takes more than one day. I have my belief about this case, but it is only what the jury believes that counts. We will just wait and see.
I do wonder if Jerry is found not guilty, will the insurance companies initiate their own investigation. Seems they will try to find a way not to pay out the millions that is on the policy. Just might get interesting!
The insurance can investigate all they want.. but if the jury finds Jerry "not guilty" they are going to have to pay the claim.
re justwatchin,
Not true about the insurance company having to pay up. Remember the OJ trial--That is another trial in itself--Civil case. If the insurance company does their own investigation and you can bet they already have started and they can prove that Jerry was somehow involved in Emily's death and a jury or judge rules that he was then the insurance company will not pay a dime. The outcome of the insurance company investigation would have no bearing on Jerry criminally if he is found not guilty by this current jury. It is an entirely different court. Civil versus criminal court.
This comment has been removed by the author.
Ret-investigator,
I agree with you! The wrongful death suit filed by the family in the OJ case and the refusal of the insurance company to pay the benefits of the policy are two totally different things. Justwatchin must have some dogs in this fight........I think the insurance company will do everything they can (that cost less than $4.5 million) to stop payment of the policy. Doesn't matter what this court finds. But again, we will just wait and see.
The verdict in a criminal case carries a lot of weight in a civil suit. In my opinion, the OJ case was an anomaly. The DNA in that trial showed it was OJ, but still he was aquitted. Hubris on the part of the state in that case caused that aquittal.
A civil suit will require a preponderance of evidence showing that Jerry committed this crime. Myabe the civil case attorney's will come up with some better evidence..they sure better.
Not sure what the "slayer" laws in NC are but some states will make the insurance companies pay out after the criminal case if the accused is found not guilty.
I think the insurance company will pay some time. It will take a while.
But how old will Anderson be?
How much of that is going to go to pay the debts that it was supposed to cover?
A civil suit will be filed by someone trying to GET something from Jerry. An insurance company won't do that. If the insurance pays.. then there is something to be gained by Emily's relatives in a civil suit if there is a preponderance of evidence.
Whether the insurance company pays or not, will depend on state law and the contract itself. Insurance companies don't file civil suits. They arbitrate payouts.
As far as the insurance policies and criminal vs. civil, look what happened in the Scott Peterson murder trial. Peterson killed his wife and unborn child, and at the time, there was not what seemed like enough evidence to convict the man of murder let alone give him the death penalty, and in the end he was convicted, for not just one murder but 2 and it landed him straight in the middle of death row!
So as far as it is looking, it could very well end up that Jerry be set free as an innocent man, or he could be sitting right there on death row himself!
I guess the jurors will let the cat out of the bag tomorrow! We'll see. As far as I am concerned, if he is a free man, I am sure Emily's family and friends will have something brewing, as far as wrongful death suits and things, so he may be set free but it will not be an easy ride!
I have followed the Anderson trial from the very beginning. From the day Emily disappeared, "our" church, mine and Emily and Jerry's have prayed for the truth. Tommorrow, will hopefully be the day of redememption. I have prayed, worried, wondered and feared throughout this entire year and a half. Wondering and hoping that my gut feelings were true. I sit here typing with a very heavy heart and shaking hands praying tomorrow will hold true. Will Jerry be a free man or will he remain in jail? The jury has his life in their hands. I sat in the courtroom today watching, listening and praying. Jennifer, I too enjoyed the sketch artist. I pray tomorrow the truth will be spoken. There is something that we all need to remember, Jerry has never been without support of love from his friends and family. However, he and we lost Emily too. If he is found not gulity this week and is able to return home, it will be without his wife and the life he once knew. He has nothing. The state and the CCSO has taken everything from him. The only consolation he has is his Faith in God Almighty. The life insurance money,which seems to be the motive, I can honestly say, would be gladly returned if Emily could come back to us. No one's life is worth any amount of money. God speed to you Jennifer and to all the bloggers who have keep open minds and listened to the evidence. Until tommorrow......
I am confused on the Insurance. I have heard from several sources that the Insurance policies were made out to the Bank. That it was required to have because of the Dairy Farm, I have also read and been told that both of them had equal amounts of policies required by the bank. Can someone clear that up? Hasnt he lost everything other than the obvious? I mean the farm is gone, the cattle - gone everything that they both worked hard for is gone.
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