Deliberations will continue after lunch
All right. The jurors are deliberating until 12:30 and then they will break for lunch. Based on the note of the foreperson, it sounds like they are deadlocked. She said she didn't know what to do at this point. Man, I feel bad for these jurors. I can't imagine how frustrating this is. What else could they talk about? It really sounds like no one is changing their mind.
10 to 2... And the foreperson said there has been some change, but that the change has been in the same area. So, maybe it was 9 to 3 and now it's 10 to 2?? That's just a guess. I wish I know if it were toward guilt or innocence. I have my theories, too, but I am trying to remain an unbiased journalist.
Sigh. Man, what an amazingly exciting 25 minutes. My heart is racing. I bet you anything these jurors thought they were going home. I wonder how they are feeling now? I watched their faces. No smiles. Heads down. One woman pounded her fist against her hand. She looked so frustrated. Another woman was shaking her head. I feel for them. I feel for Jerry. I feel for Emily's family and Jerry's family.
So, also, I need to tell y'all, Lisa Dubs argued hard to have two parts of the closing arguments stricken from the record. One was when Bellas argued about the defendant not representing himself and not calling witnesses and stating certain theories. She said that was not fair to Jerry. She also argued that the point Bellas made about loading up Emily's truck into a trailer equipment was not properly introduced into evidence. Dubs said Stafford said there were several trailers around the dairy farm, but that was all that was said about trailers. There was no argument about size of the trailers, if one could even fit a truck. Good point, but Cayer said he would object to the motion. He said he would ask for the split and re-instruct the jurors.
It was brief. He told them to reconcile their differences and not to hesitate to re-examine their views and opinions. However, again, he told them not to change their opinions solely because of a fellow juror or mere purpose of returning a verdict.
Wow. Well, I guess it is time for lunch. I guess we will be back at 2. What will happen by the day's end? Will both two change their minds and we will have a verdict or will this end with a hung jury mistrial? I will be back.
10 to 2... And the foreperson said there has been some change, but that the change has been in the same area. So, maybe it was 9 to 3 and now it's 10 to 2?? That's just a guess. I wish I know if it were toward guilt or innocence. I have my theories, too, but I am trying to remain an unbiased journalist.
Sigh. Man, what an amazingly exciting 25 minutes. My heart is racing. I bet you anything these jurors thought they were going home. I wonder how they are feeling now? I watched their faces. No smiles. Heads down. One woman pounded her fist against her hand. She looked so frustrated. Another woman was shaking her head. I feel for them. I feel for Jerry. I feel for Emily's family and Jerry's family.
So, also, I need to tell y'all, Lisa Dubs argued hard to have two parts of the closing arguments stricken from the record. One was when Bellas argued about the defendant not representing himself and not calling witnesses and stating certain theories. She said that was not fair to Jerry. She also argued that the point Bellas made about loading up Emily's truck into a trailer equipment was not properly introduced into evidence. Dubs said Stafford said there were several trailers around the dairy farm, but that was all that was said about trailers. There was no argument about size of the trailers, if one could even fit a truck. Good point, but Cayer said he would object to the motion. He said he would ask for the split and re-instruct the jurors.
It was brief. He told them to reconcile their differences and not to hesitate to re-examine their views and opinions. However, again, he told them not to change their opinions solely because of a fellow juror or mere purpose of returning a verdict.
Wow. Well, I guess it is time for lunch. I guess we will be back at 2. What will happen by the day's end? Will both two change their minds and we will have a verdict or will this end with a hung jury mistrial? I will be back.
posted by THE HICKORY DAILY RECORD at at
12:14 PM
34 Comments:
This is incredibly exciting. We're pacing the floor our way - I know the courtroom is boiling at this point...
I thought this might be a good time to re-post a clip from a legal text explaining the "hung-hury" in NC Courts.
***The U.S. Constitution gives a person accused of a crime the right to be tried by a jury. This right has long been interpreted to mean a 12-person jury that must arrive at a unanimous decision to convict or acquit. (In most states, a lack of unanimity is called a "hung jury" and the defendant will go free unless the prosecutor decides to retry the case. In Oregon and Louisiana, however, juries may convict or acquit on a vote of ten to two.) The potential jurors must be selected randomly from the community, and the actual jury must be selected by a process which allows the judge and lawyers to screen out biased jurors. In addition, a lawyer may eliminate several potential jurors simply because he feels that these people would not be sympathetic to his side-but these decisions may not be based on the juror's personal characteristics, such as race, sex, religion or national origin.***
Apparently 10-2 in North Carolina is not enough...
Therefore its unlikely that a verdict will come down at all as it all depends on 2 individuals JUST LIKE US who would have to completely reverse their views of the evidence presented.
Something will be HUNG...
Not likely to be Jerry Anderson.
That is interesting about Oregon and Louisiana, though...
I bet the courtroom is boiling at this point!! I know I would be if I were there. The judge does not give the jurors alot of credit in my opinion-overwise he would not instruct them OVER AND OVER. How long will he let this continue until he finally says ENOUGH and declares a mistrial? He tells them not to "give in" for the sake of a verdict but it kinda sounds like that is what he is hoping they will do.
I know if I was on the jury I would have to ask a few questions such as...(1)if she was so dressed up when she was seen with the man with the hair, wouldn't she had to have gone home to change clothes because she wasn't found in the clothes she was seen in. (2) as a woman, I wouldn't have paid money to have my hair color higlighted then turn around and color it brown. Doesn't make sense to me. Can it be deteremined if the hair color had been changed after she died or before?
About the Caldwell County Sheriff’s Dept:
You have to remember that when this started it was a missing persons report. With Emily’s past history it was assumed she left on her own. Nobody was looking for a Crime scene or investigating a murder. By the time they found the body most of the evidence was gone or removed. So yes the Sheriff’s dept made some mistakes but you can’t lay this all on them.
Should they have treated this as a murder from the beginning?
What about future cases, how do we proceed in the future to see this doesn’t happen again?
Should every missing persons report be treated as a murder?
Does the Sherriff’s dept require more training?
For goodness sake! If it's ten to two then it might as well be eleven to one. What's the difference; if they are deadlocked then they are deadlocked. This has been going on for days and if they had even been close to agreeing then we would have had a verdict by now. Can you imagine the stress that the two that won't agree are under? I personally would not send a man to his death if I didn't believe he was guilty no matter how much stress I was under, and visa versa. I think it will all be over pretty soon.
this will be a hung-jury. I don't see these 2 changing their minds. i don't know if he did it or not, but they need to have someone out here looking for more evidence while this trial is going on. There is one piece somewhere to tie him to it or to dismiss him all together. They shouldn't let this be the end and not look any further.
All great questions FIREFOX...
I would absolutely have to answer YES to the last one...
I realy believe they became over-confident in pursuing first degree murder, without (and I have said this too often) a weapon, Blood/DNA or an EYEwitness...
They could have prosecuted manslaughter... maybe...
but murder 1... ?
They approached this case just as they would have a slam-dunk misdemeanor pot charge...
Does anyone know if JA's friends and family were questioned about their where abouts from the time EA went missing until the time she was found in the truck?
Could there have been an accomplice?
Could anyone JA is close to have been the person seen at the truck in SC that was actually getting evidence out of the truck?
Did they say if the lady had on the same clothes EA was found in?
Was there ever any hard facts that EA was having an affair (emails, phone records, etc.)
Just trying to catch up!
I agree with skyeblogger. It sounds like the judge is going to make them deliberate until the two hold-outs get sick and tired of holding out and change their minds just for the sake of getting out of that room and going home.
Ah! The Caldwell County Sherriffs Department. In my opinion they are incompetent when investigating serious crimes. It's been that way forever. My first cousin was murdered in Warrior in March of 1969 and the crime was never solved. Then in 1987 one of the murderers confessed on his death bed and named the other four participants. They were expidited and questioned. The CCSD said they didn't have enough evidence to bring them to trial and let them go. So just how far have they come since 1969?
perhaps they have moved in reverse since 1969...
I agree...hung jury!!!
I still want to know who made the phone call to the Waffle House from Dallas
I am surprised that no one not even the Defense can figure that out? With the age that we live in and the communications that we have that is very surprising to me.
I agree with "interested". Why have these questions not been answered? Could JA have had an accomplice that helped him carry out this murder? I would love to know if the hair color question can be answered. Women are very particular over their hair and its color. All the photos we've seen show her as a blonde. Could testing determine if her hair had been colored after her death? I'm surprised a women attorney didn't question this more.
Wanting an answer!!!
Larry, Who was your cousin that was killed? It wasn't Gary Sturgill was it?
How long can the judge make them deliberate before calling a hung jury?
The judge is putting undue pressure on the jurors.They have put forth an honest effort and he should thank them and let them go home. Then maybe the prosecutors will go back and tie up the loose ends and try Jerry again.
Judges dislike having to do call a mistrial from a hung jury and often ask the jury to try again, sometimes over and over and over. There is no limit. It is whatever the Judge feels. He cannot influence the Jurors however He can make them deliberate until they reach a verdict. It seems to me that Judge Cayer feels there is enough evidence or lack thereof to come to a unanimous decision in this case. Why else would he continue to send them back?
The jury doesn't decide if the convicted person gets the death penalty...a sentence hearing is separate, so they are not "sending a man to his death" as so many people keep saying.
Curious
My cousins name was Onley Nix. He was about 30 years old at the time. He was missing for six months and the sherriffs department said there were no traces and that he had just left town. A 12 year old Bowers boy found his skeleton laying in the field where he had bled to death after being cut to pieces and beaten. The blue jeans were still on the skeleton and his wallet and drivers license was in the pocket of the jeans. He car was sitting up on the shoulder of the road with the top bashed in and the windows knocked out. Someone from Warrior was driving their car around with his tag on it. Now you tell me what kind of detectives we had at the CCSD at that time and how have things changed since then?
I am wondering the same thing CURIOUS-how long can the judge let this thing continue-good thing I have not been on a jury of this kind before (have been on a civil trial before) I would have already "lost it" I REALLY hope this thing is over by the end of the day because I have to go back to work Friday and am unable to ck postings or watch much news at work. I have been really hesitant to say this before now but I have a close friend whose husband works in the DA's office-the one for this case-and it was told to me that the DA himself DID NOT BELIEVE that there was enough evidence for a jury to say GUILTY. He let the case go to the grand jury which brought back the inditment but did not believe the evidence was strong enough for a conviction. Just imagine how much pressure his office was under from her family, friends, ect. to put JA on trial. Maybe now he will be proven right. Are they back from lunch yet?
Excuse me??? Ublogit-I am almost positive that the jury DOES DECIDE the sentence-life in prison or death row.IF they come back guilty (sorry I am so worked up I can not spell today) they have to sit through ANOTHER HEARING and deliberate AGAIN to decide the sentence...where is our law student??
Could the hispanic worker be involved?? The call to the Waffle House was tracked to Texas which is close to Mexico!!!
UBLOGIT - Your statement is not true, in North Carolina the law provides that the jury first hears the case and determines whether the defendant is guilty or not guilty. If the jury finds the defendant not guilty or guilty of an offense other than First-Degree Murder your jury service is complete. If the defendant is found guilty of First-Degree Murder then the jury must consider the issue of punishment. If the Defendant is found guilty of First-Degree Murder, then the State and the Defendant have the opportunity to present evidence with regard to punishment. The jury then will hear argument from the State and the Defendant for or against a sentence of death. The Court then will give the jury instructions as to the law that applies regarding punishment. Each juror will be required to decide:
(1) Whether the State has proved beyond a reasonable doubt the existence of any aggravating circumstances - the Court will define what constitutes an aggravating circumstance;
(2) Whether the Defendant has proven by a preponderance of the evidence the existence of any mitigating circumstances - the Court will define what might constitute mitigating circumstances;
(3) Whether the State has proved beyond a reasonable doubt that the aggravating circumstance or circumstances found is, or are, sufficient to outweigh any mitigating circumstance or circumstances that you might find; and
(4) Whether the State has proved beyond a reasonable doubt that any aggravating circumstance or circumstances that you find is, or are, when considered together with the mitigating circumstances found, sufficiently substantial to call for the imposition of the death penalty.
To repeat, the jury only considers punishment if it first finds the Defendant guilty of First Degree Murder.
Where is allison and gertie. I would love to get their takes on all this. I would even enjoy a good debate between those two.
Larry, I am sorry about your cousin. That is what happens when you live in a county full of 'good 'ole' boys.
Thanks Curious
At first I tried to investigate myself but considering where Warrior is and the time frame of 1969 things were very tense and people were very reluctant to answer any questions, especially from a person who is not a deputy or police or SBI, heck the SBI are about as bad as the Sherriff's office for incompetency.
If Jerry Anderson is found not guilty, I pray that CCSD hunts down the dog or accomplice that killed this lady. I would think that they would be so embarressed by their mishandling of this case that they would make sure that they not rest until the murderer is found and pays the penalty. If Jerry didn't do it, I'm sorry for feeling so strongly that he did just on circumstantial evidence. If he did do it, I hope he swings. I can't help but feel that he did have an accomplice and that the accomplice did work for him and has been paid off and has turned tail and run back to Mexico. I'm not prejudiced but I'm not stupid either. You know what they say, if it smells like a duck and looks like a duck.......
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This murder needs to be on TV; A&E's City Confidential. Or else let Bill Curtis get a'hold of the case-he could get it solved real quick.
SOCCERJOX,
You are on the money...
That was as good an explanation of the procedures in a capital murder case as a professor might give.
Murder 1 is so very difficult to convict when there is a weapon, blood or an eyewitness due to the single particulate of doubt needed to acquit.
Unless the prosecution has something up their sleeve for after the trial, I cannot imagine WHY IN THE WORLD they shot for murder 1.
For all our sakes I hope they prove me wrong and show that they are competent and prosecute the killer (whomever that might be) so we can move on in confidence.
Sadly, I feel that everyone just got caught up in the moment with all of the pressure to prosecute SOMEONE and the lime hue of the national media that tinged this case from the early on...
Whether your emotions have you siding with Jerry or Emily or if your one, like me, who can't see a clear conclusion from the investigation - ALL of us should feel concern for our humanity and how well it is defended here in our old and beautiful county.
It is encumbant on us, the citizens, to make sure our leaders are ALWAYS protecting our best interests so they do take their job seriously and do not run wild and do as the please thiking the rest of us will just submit and accept it.
This has been an eye opener.
SORRY!! I was misinformed..I was told that the judge would determine the sentence after a guilty verdict. Soccerjox, are you a lawyer, or something?
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