Jurors will have two options
No second-degree murder. Jerry can either be found guilty of first-degree murder or not guilty. Two choices to choose from. Wow. I was surprised when the judge ruled that the jurors can not consider second-degree. The defense argued that the state did not put up any evidence to show second-degree murder. Bellas said second-degree should be considered because jurors might say Jerry did not deliberate before committing the crime.
Other than that, in the last 30 minutes, the judge and attorneys discussed all the instructions he will go over tomorrow. Tomorrow will be an interesting day. The defense will go first in the morning. Both Dubs and Campbell will give statements. Then Bellas will give his closing arguments.
Oh I better mention. The defense did ask to dismiss the charges again. But Cayer denied the motion.
I will be back in the morning. I bet I have a lot to say. It's coming...
Other than that, in the last 30 minutes, the judge and attorneys discussed all the instructions he will go over tomorrow. Tomorrow will be an interesting day. The defense will go first in the morning. Both Dubs and Campbell will give statements. Then Bellas will give his closing arguments.
Oh I better mention. The defense did ask to dismiss the charges again. But Cayer denied the motion.
I will be back in the morning. I bet I have a lot to say. It's coming...
posted by THE HICKORY DAILY RECORD at at
2:34 PM
20 Comments:
What a messed up prosecutor? How can you as the prosecutor ask Judge Cayer to instruct the jury to consider second degree murder because they may think Jerry did not plan the murder before he did it--which by the way is one of the elements to charge and prove first degree murder--premeditation is the terminolgy. The state wanted the Judge Cayer to include this in the instruction because they knew they did not have that element when they issued the arrest warrant for Jerry and they damn sure know they did not prove it during the trial. If they knew they could prove it then why did they offer a plea to Jerry before the trial began. The denying the request for dismissal by the judge is not surprising either--he does not want the monkey on his back if he dismissed for the rest of his political career so he is putting it on the peers of jerry Anderson.
ret..
My sentiments exactly....Good statement..You said it all....
This case will be over shortly...After it goes to the jury,maybe two hours of deliberation at the most I predict..Thats my opinion..Furthermore I predict he will be found innocent...Very poor preformance on behalf of the prosecutors is my reason..If he is found guilty I will be very surprised..
In the case of him being found guilty. I will have to say that a lot of things I have thought the jury would be thinking were wrong..But as a juror on this case I would have to find him innocent..Harsh as that may sound to some participating in this forum..
Good work JM...Your posting has made for a quite interesting and superb coverage of the trial...
I am anticipating the outcome.....
My guess is longer than a few hours. I think people can get weird sometimes.
I have been on three juries. And in one of the cases it was so clear the police nabbed the right bad guy. The cops shot at a man as he was robbing a store and two minutes later a man was found in the alley next door clutching a bag from the store filled with cash AND he had a cop's bullet in his backside.
But with all that real evidence, one member of the jury held out for two days. I think he liked getting the free lunch everyday!
Can someone give clarification? Caldwell law enforcement provided evidence to the grand jury ... to go to trial. Who takes the lead in making sure that there's adequate evidence for the trial - law enforcement? or DA or __?
I was just pondering something ya'll might help me with.
If two witnesses saw Emily get in her truck in Duncan, but then her truck was found parked in appro. the same place with her body in the tool box, why would someone assumingly follow her somewhere else kill her and then clean everything up so no blood is running out of the toolbox into the bed of the truck which they had to have placed her in and so that there was no blood on the truck from putting her body in the toolbox and then return the truck back to the same place where witnesses had seen her getting into her truck?
If these people killed her supposedly in SC why not dump her body and truck on a back road and just go on? If she had ran away then it would be especially hard for any prosecution team to prove who did it in a strange place where she had no known connections. But to have killed her somewhere else and then brought her back to a very public place where they had possible been seen with her early wouldn't make much sense would it. Even I am fairly sure she wasn't killed there in the parking lot.
I'm not taking sides, but this just made me wonder about how much thought the jury will give the defense witnesses testimony.
If I were a betting man, I would bet that the verdict will be "Not Guilty" Notice I didn't say "innocent". Too many things were left undone, unrecorded, unchallenged or not investigated. The witness that reported seeing Emily all dressed in fancy clothes. What was her motive? Perhaps someone should see what family member is in jail and if any offers were presented for her testimony. By the way Emily was found in the same clothes and with the same Dark Brown hair that Jerry described to the police when he reported her missing. Yet no one challenged the word of these witnesses. Jerry told the police he didn't have guns. Yet he had a gun safe. And if people that knew Jerry had come forward or the police had questioned certain employees, they would know that Jerry had guns. Everyone is willing to dismiss the testimony of the farm workers. Maybe because, as Dobs kept referring to them, the "MEXICANS" can't be trusted. Well just maybe they have a heart and soul like Dobs and all of us WHITE folk.
But after saying all that, I will say that DOBS knows her job. Create doubt! You don't have to prove anyone innocent, just point out the mistakes made by the cops and the DA and hope the jury can't see through the smoke screen. In the Army we had a saying, "If you can't beat them with facts, baffle them with BS"
Unbelievable... That's all I can say. I have never seen such a poor effort performed by a prosecuting team. I'm not taking sides. How can you. How can anyone really tell who killed Emily at this point. It's very evident in this case who has the strongest team. The defense should win by a landside unless the jury saw something the audience didn't see or hear about.
Good work JM.
Allison,
If the jury stays out more than just a few hours, "I think it will be a hung jury."
Lee - The Defense Atty is Lisa Dubs, not Dobs. Obviously Ms. Dubs is very good at what she does. As far as the "Mexicans" she refers to, it was proven from what I understand that the one Latino did lie under oath, placing his hand on the Bible swearing under oath that he was who he said that he was. She caught that. She brought that out. Now in my opinion, someone that can lie under oath in open court cannot be trusted. I think that he had also been fired by Jerry if I am mistaken then please let me know. Bottom line whether Jerry committed this crime or not remains to be seen. With the Plea Bargain they offered and the Latinos testimony it just doesn’t add up. There is doubt there. The Jury will be instructed and will be told if there is any doubt in their minds they must vote not guilty. It has not been proven beyond a reasonable doubt that Anderson committed this crime.
I am just curious, lets say Jerry is found to be Not Guilty, the Investigators, SBI or another agency actually go out and investigate and compile evidence the way that it should be done, they actually find out that indeed Jerry did not commit this crime, they find the person who did. All of the bloggers on here that state they know he is guilty, and have convicted him before he even had a chance to defend himself, what are you going to do – How are you going to feel? I am just curious and not casting any blame but I just want people to see that we are not on the jury, it is not our job to cast blame on him, let the courts work. I do not know Jerry nor did I know Emily. What I have done though is follow this case from the beginning and research it. Do I have my opinion, of course I do I am human but I am not going to voice it here, I am going to let those jurors, a panel of his peers make that decision.
JM - You have done a great job! Kudos! Are you going to update the other sections of the site. Characters - Defense - Prosecution - Conclusion?
Soccerjox,
And if after a proper investigation, if the proof is found that Jerry was involved, "What will the Ramseys and other worshippers of Jerry Say"? I didn't say he was guilty, for that is not my call. The jury will make that decision. As bad as our judicial system may seem. It is the best I've seen. And I have been to many, many countries and have seen their ways and means to justice. Guilty or Not guilty I think Jerry got a fair trial. Oh! Sorry for DOBS Vs Dubs.
Lee - But you also said, "Notice I didn't say "innocent"." It is not my place to even judge you, like I said we all have our opinions. I have mine. If it comes out that he did commit this crime then I am not sure what happens. He can be sued in civil court from Wrongful death but not tried again for the same crime. Bottom line, whomever whether it be one or two or a whole gaggle of people that committed this crime will have to pay for their crime and will face the Ultimate Jury.
As far as our court system goes, you are right, it is by far from perfect, but I am telling you right now, I would rather face this Juducial system than any other. I guess we will know what is going to happen today in an hour or so.
RE: dry ponds girl
The actual responsibility for insuring the case is ready to go to trial falls upon the District Attorney. The Sheriff's investigators have the responsibility to gather all the evidence and information and use every means at their disposal to do their job and then present their case file to the DA's office for his review and the DA's office decides which charges they wish to proceed to try the defendant with. After the initial part above it is the DA's office JOB to insure they know what evidence they have, interview the states witnesses themselves to see what they saw,heard or anything else that may be relevent to the case. The DA's office then decides which evidence and witnesses they are going to use during the trial. I firmly believe in this case the DA's office failed miserably to review the case file and look hard at the evidence to be presented. If they had looked at it and the mistakes that were made with evidence collection, chain of custody of the evidence, witness statements, lack of murder weapon and other crucial evidence they would have never gone public stating they were going for the death penalty in this case. That is just my opinion.
Soccerjox,
Please don't think I have disagreed with you. For I haven't! I just get a bit upset over the way this trial was handled. We may never know exactly what happened. Wish we did! You are exactly right when you stated you would rather face our (the American Judicial) system than some other judicial system elsewhere. It doesn't take much to get the death penalty in Turkey or China or many other countries. But we will all stand before the Supreme Judge to answer for our deeds and justice will for sure be served.
For Bellas to ask the judge to consider 2nd degree murder in this trial is completely incompetent.
In first degree murder.. Jerry must have committed this crime with malice aforethought. Second degree murder is committed without premeditation. How can the state present a case showing that Jerry planned this murder.. but then say the jury can convict him of the lesser 2nd degree murder, meaning he DIDN'T plan it?
Also.. does anyone recall ANY evidence from the state that showed Jerry may have planned this murder?
No no no, maybe I mis-communicated. I am not saying that you disagreed with me, and if you did that of course is your right. In any case, what is really sad about the whole case is it should have never been brought to trial without hard evidence. I am not from the area so I do not know this DA or the CCSO. Looking at what they had, they should have known better, instead of jumping the gun and making statements. Everyone would have been better served, Emily, her family, Jerry and friends and the citizens of CCO if they the CCSO and DA had taken their time and really researched and investigated this case, it is really a case of an abuse of power. The saddest part of it all, as of right now, NO ONE has closure.
RE Lee,
Are you the courtroom today? I want you to know that I'm glad I got to comment back and forth with you concerning this trial and value your opinions. I too have many questions that are left unanswered and I hope someday those questions are answered.
justwatchin - Trust me when I say that he wants any kind of conviction he can get. It just shows his incompetence by requesting second degree. When this is all over if he is still employed or if several heads do not roll, I will be very very surprised. In my opinion this trial and possible "conviction" was to be a "feather" in the cap of many many people.
I wonder if we'll hear from Jennifer this morning.
Ret-investigator,
I am not in the court room today. I am at work in NJ.
And likewise, I appreciate your views on this case. I'm not a lawyer, even though I studied Contract Law. I do think you or anyone with your background would have demanded evidence from the investigators prior to lodging a 1st degree murder charge against Jerry. The DA is largely to blame for this mess. Maybe someday we will know for sure what happened and why. Until then Emily's family and friends will not have closure and will forever carry doubt in their mind about who did the deed and why.
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