Mid-morning break
Hey folks. Just wanted to let you know we have reached our mid-morning break. We've not heard anything else from the jurors since they heard the voicemail messages. Again, this is the only time in my life that I'll probably wish I were a fly on the wall in that deliberation room. I heard a deputy say yesterday that she heard arguing come from the deliberation room. I hope no one uses the scissors or thumbtacks for weapons. They've also got paint cans with oil filters in them in the room. It's full of dangerous weapons. Seriously, though, I am sure they are working hard. I don't think they are just wasting their time and ours.
As for folks in the courtroom, there are several newspapers out. I see one person reading a book. A lot of small talk. I've already heard someone inquiry about where's lunch today. Good question. I'm starting to get hungry myself. The defense team mostly remains at their table, doing stuff on the Web and taking notes of some sorts. The prosecution, like always, is off somewhere else while the jurors are out. I haven't seen but two members of Emily's family, but I know they are here, and I know there is support from North Carolina, Kentucky and New Jersey. So, all around this east coast, we are waiting. Waiting to see what those 12 folks will decide.
Well, the judge is going to let them work until 12:30. If we get anything before then, I'll be back. If not I'll let you know it's time for lunch.
As for folks in the courtroom, there are several newspapers out. I see one person reading a book. A lot of small talk. I've already heard someone inquiry about where's lunch today. Good question. I'm starting to get hungry myself. The defense team mostly remains at their table, doing stuff on the Web and taking notes of some sorts. The prosecution, like always, is off somewhere else while the jurors are out. I haven't seen but two members of Emily's family, but I know they are here, and I know there is support from North Carolina, Kentucky and New Jersey. So, all around this east coast, we are waiting. Waiting to see what those 12 folks will decide.
Well, the judge is going to let them work until 12:30. If we get anything before then, I'll be back. If not I'll let you know it's time for lunch.
posted by THE HICKORY DAILY RECORD at at
10:56 AM
29 Comments:
This passage is borrowed from a legal textbook concerning NC LAW.
For those of us who have been wondering about how a hung jury is concluded:
**What does it mean to prove guilt "beyond a reasonable doubt?"**
The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. (By contrast, in non-criminal cases, such as an accident or breach of contract, a plaintiff has to prove her case only by a preponderance of the evidence -- just over 50%.) As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt-that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.
If I'm accused of a crime, am I guaranteed a trial by a jury?
Yes. 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.
Good post hudson-ite ! excellent !!
I have one more quick question for someone, possibly hudson-ite. Is not safe to say it is the prosecutions duty (i.e. DA) to determine if there is enough evidence to arrest someone? If so, what else did we not get to hear that the CCSD supposedly had against Jerry that was not allowed in court? I have heard this comment from several different sources that all the evidence was not allowed to be presented by the State. Just Wondering..
I feel that it is the DA's fault that the CCSD were made to look like a bunch of Barney Fifes. He knew what they needed to convict and they did not deliver.. Shame on you Bellas.
I have never posted before but a I just thought of something and wanted to see what others thought about it as well. Please correct me if I am wrong, but wasn't Mr. Anderson's alibi the oil filters? If so, why would he leave a message on his wife's cell phone requesting that she pick up oil filters. Maybe I missed something, please let me know if I did.
Believe it or not it is not the DA's fault, it is the CCSD, they do all of the investigating and then turn it over to the DA's office. The DA then has them continue to investigate.
the mexicans said he told them to change the oil filters. then got on the stand and lied about something as simple as his name.
i would guess the mexicans made up the oil filter story.
would be good payback for a boss you didn't like
and was fired by...
I think what happened was EA was having an affair with the one Mexican worker. The affair went bad, JA knew about it. The Mexican was fired, she met him out and that is the Mullet Man they were in a secluded area, she was shot when she tried to run he shot her again - it went wrong, he murdered her, drove to SC left her there. The Brown vehicle that was seen around the truck was someone picking up the Mexican. He threatened someone that knew about it, that person fled to Mexico, calling and reporting the truck.
soccerjox, you are right. i wasn't even thinking about any of them being fired
I agree with Soccerjox! That scenario makes more sense to me than the prosecutions theory. Seriously, at least soccorjox's scenario takes into account the information provided by eyewitnesses and is also consistent with the expert witness testimony.
I am shocked at some of you. I have lived in Caldwell County my entire life. How old are you people? This was our neighbor someones daughter, sister, & friend. I can't believe the lack of respect for another human being to sit here and fantisize about all the bad things she could have been doing. If it isn't too dificult look back at some of the things you have written and imagine someone was saying that about your mom after she had been murdered and folded & stuffed into the tool box of a truck. It is easy for some people to trash others when they aren't there to defend themselves whether they are alive or not. I feel sorry for those of you that are this way. It must be a lonley life because I don't know anyone that would want to have a friend like you. Lets start acting like the adults we are and start setting an example to our kids on the adults we pray they become.
Thanks Bean1 I agree with you 100%! This is our town and I can't believe some of the things people are saying about EA.
PS If Jerry left Emily a voice mail before the dinner party asking her where she was, why did he tell everyone at the party she was running errands and would be there shortly? Just wondering.
Her hair that she just got
blonde(r)on the 28th is now dark brown! That's a problem! Don't you think!!
When I see someone with red hair today and next time I see them their hair is brown I don't assume there is a problem. Ladies how many time have you come home and hated your hair style or color after going to the salon? Who's to say she didn't change it after going home. It could also be a new start so to speak. Before leaving an unhealthy relationship in my past I had almost all my hair cut off in prep. for my new start. I felt liberated and it got me through till I was able to leave. We all know she was planning to leave him. This may have been something she did before she disappeared. It doesn't mean there was a problem and if so lots of people have the same problem and the population of Caldwell Co. is going to drop dramaticly because they are all going to skip town.
I was wondering.....(remember I am trying to recall tidbits from the local rumor mill back when this all occurred) but I remember the possible use of dry ice being used to possible "preserve" the body. Seems like it was not uncommon for dry ice to be found or used on a dairy farm....does anyone remember this, know why or why not it hasn't been mentioned throughout the trial, what the use would be on a dairy farm, and if it could have any effect on , say, a decomposing body? Just wondering......
bean1 - no one is fantasizing about how EA perished. I think people on both sides of the fence are trying to submit theories on what may have happened based on the evidence and testimonies. Some on this board swear by his innocence, some on this board have said they will beleive that he killed her till they take their last breathe because their gut tells them so. Some are looking at all of the evidence and the conflicting testimonies presented by both sides. I hate the fact that an innocent person had to face what she obviously had to face, as well as hate the fact the just becuase JA was her husband the CCSD went after him and now he is sitting in jail truely fighting for his life. Every bit of evidence and testimony plays a part, from the fact that JA had a terrible temper to the fact that EA was planning on leaving him. EA was seen with another man the day she disappeared. His 2 marriages her 4 marriages, all of it plays a part. We are not in the court room to see how this plays out, all we can do is read the Courtroom blog and base our opinions on that the testimony that was presented and the news reports that we read and hear.
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Here is a clip of an article that I copied and pasted which gave her description when she went missing.
The Andersons own and operate Carolina Holsteins Inc., a dairy farm located on Sawmills School Road.
Emily Anderson was last seen driving a white Chevrolet standard cab four-wheel-drive pickup. The truck has a long bed with a diamond-plate tool box and a license plate that reads “Got Milk?” on the front bumper. The license plate on the truck is XB-8349.
Emily Anderson is a white female with dark hair and glasses. She is approximately 5 feet, 6 inches tall and weighs approximately 170 pounds.
Investigators put out an attempt to locate for Anderson within a 100-mile radius of Caldwell County as soon as they started their investigation last week.
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Soccerjox: I didn't say they were fantisizing about how she perished. I said they were fantisizing about the things she could have done ... run off with a mexican worker/mullet man...ect. I don't see how people can make up hurtfull stories about the victim. I does nothing but show their low level of maturity.
Who's to say that being being dead for 2-4 days and locked in a toolbox doesn't change dyed hair?
That's interesting sawmills girl "dark hair"....it sounds as though whoever gave the description of her for the police and media, referred to her hair as dark. However my hair is dark with highlights and I have been called both a blond and a brunette...a matter of opinion I guess. This would compliment bean1's theory that maybe she wasn't happy with her new do....I too have made a detour to the drug store on the way home from the salon because I didn't have the nerve to admit to the hair dresser that I was unhappy with my color.
Yes, it would and that's what I thought when I read that! I have made that same trip to the drug store myself.
RE:eavesdropping...I heard the same rumor too concerning the dry ice theory...Dry ice will burn the skin,even through clothing...A deceased person kept on dry ice would show signs of burns to the skin...If you ever get the chance4 to touch "dry ice" you will see the effect it has on your skin..I have personally tried it..
I also see no use for dry ice on a dairy farm..The fresh milk is held in a stainless steel refridgerated storage bin that keeps the milk stirred until it is pumped into a container truck that resembles a gasoline tanker...The tanker truck is also a refridgerated stainless steel container..I used to visit that farm and get milk for $1 a gallon until that practice was outlawed by the government because of salmonella poisoning....You simply held your milk jug under the ice cold milk until it filled...I might add I miss that fresh milk...
Thanks for clarifying Craig. Did you ever hear anything during the initial search before Emily was found, about her cell phone locater using a tower in the Gastonia area before it was undetected? Again it was second hand info but passed from someone who had helped search for Emily before she was found and Jerry was suspected.
RE: eavsedropping...Sorry I never heard that...So many rumors were criculating at the time I cannot remember all of them..Even to this day rumors are circulating in the community...Also in this forum I might add....
touche'
hey guys, I just thought u should know, if u knew EA or if u had EVER seen her picture u guys would know she loved her hair blonde(r) that's why she had her roots done the day before she disappeared!! JUST USE THE MIND GOD GAVE U IF U HAVE ONE. BEFORE U SIT HERE AND TALK THIS TRASH ABOUT EA & JA JUST THINK ABOUT WHAT YOU ARE SAYING ABOUT A DEAD WOMAN AND HER MEMORY.Whether we get a verdict or not the way we are acting to both families is a disgrace to Caldwell County and as someone who has only been living here for a few years. I am sometimes ashamed to tell someone where I live because all I hear is" Oh that is the county where u can do anything to anyone and it's OK because in that county everyone sends u to Hell before u get a trial of your peers and a Guilty Verdict
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