Nothing new this Monday morning
Good Monday morning. We were all in suspense for a minute. The deputies came in. Jerry's here. It's time for the break. Wait, Judge Cayer has a note. "We the jury are requesting that you review the instructions in deciding this case." So, the judge is getting everything in order. The jurors are coming in. They will break for 15 minutes, and then Cayer will go over the instructions and charge again. If he says everything like last time, this will take about 20 minutes. I'll be back.
Here's what I wrote before the note came down:
The courtroom is about half full of family, friends and a row of media - again all with our computers out. Folks are just talking about life. I'm having a challenging football conversation with Ken Lemon, the Channel 9 reporter. Newspapers are out. Computer games are on the screens of the attorney's and others. The prosecution isn't staying in the courtroom. I assume they are in the local DA's office or in a more private place with Emily's family, who also aren't hanging out in the courtroom. Waiting is the hardest part.
I wish I were a fly on the wall. I know that's a over-used cliche, but wouldn't you like to know what the jurors are talking about? They got dozens of pieces of evidence. They've got thumbtacks. But at least they are taking their time. It appears they are taking their duty seriously, which is respectable, to say the least. I can't imagine making this decision. All or nothing. Wow. Well, we just wait.
Here's what I wrote before the note came down:
The courtroom is about half full of family, friends and a row of media - again all with our computers out. Folks are just talking about life. I'm having a challenging football conversation with Ken Lemon, the Channel 9 reporter. Newspapers are out. Computer games are on the screens of the attorney's and others. The prosecution isn't staying in the courtroom. I assume they are in the local DA's office or in a more private place with Emily's family, who also aren't hanging out in the courtroom. Waiting is the hardest part.
I wish I were a fly on the wall. I know that's a over-used cliche, but wouldn't you like to know what the jurors are talking about? They got dozens of pieces of evidence. They've got thumbtacks. But at least they are taking their time. It appears they are taking their duty seriously, which is respectable, to say the least. I can't imagine making this decision. All or nothing. Wow. Well, we just wait.
posted by THE HICKORY DAILY RECORD at at
10:53 AM
23 Comments:
Everybody put your seatbelt on. It will happen today.
budman what do you think this means,is there a hold out for guilty or innocent?
what are everyones thoughts
Somebody is holding out.
what do you mean "holding out"?
There is somebody on the jury that thinks like me. I dont think he did it.
Andy and barney could have done a better job with the investagation.
I agree with budman.... I think that there is someone that is holding up the decision. Either they all think that he is guilty, and one or two are holding out or vice versa, all think he is innocent, and one or two are holding out. I don’t know whether he did it or not, what I do know is that the Prosecution "created" reasonable doubt in my mind, notice I did not say that the Defense created doubt, the Prosecutor did.
I think this means there is someone on the jury holding out on acquittal. The judge will read back the instructions on "finding the defendant guilty, by the evidence presented, beyond a reasonable doubt".....he will also instruct them that statements or arguments by counsel are not evidence. It only takes one juror to hang a jury. If this case results in a hung jury and the majority vote was for not guilty, Jerry will not be tried again - any good prosecutor with an ounce of common sense will put this case to rest. If, however, the jury hangs and the vote was 10/2 or 11/1 for guilty, Anderson will likely be tried again.
I have a question because I am not familiar with all legal jargon. If it comes back a "hung jury" is Jerry set free or does he remain in jail until his new trial.
The judge must rule on another motion to dismiss but if he declines to grant that motion, he will likely set bond for Jerry since he has already served 1 1/2 years and hasn't been convicted of anything. It's likely that the judge will let him out of custody on his own promise to appear for the next trial - if there should be a next trial.
A hung jury will result in the prosecution deciding to re-try him or not...In this case a bail will probably be set....I do not see that happening..budman is right someone is holding out and I believe the verdict will read not guilty.....
FYI: Wendy Witherspoon found guilty of murdering her police office husband in Iredell County.
don't hold ur breath, we may not even hear anything today! I was just wondering why this case couldn't be live on tv? can anyone answer this? i've seen other cases similar to this one be on tv, like the OJ trial & the Anna Witherspoon on Tv now. Why couldn't this case?
My thoughts are leaning to Guilty!
Oh sorry, her name was Wendy, I believe. My mistake!!
The judge denied any motion with regards to live TV being brodcast. I know that Court TV wanted to carry it on their network. I agree with the Judge, anytime you add Television to the mix it creates a fiasco in a courtroom.
Misty Witherspoon
jerry is going to walk thanks to the caldwell keystone cops
Misty, Anna, Wendy, whoever. The one i am talkin about is on tv now, for killing her husband
ur probably right, Carroll! I think it's a dang shame!
If he did do this crime, then he's pretty smart cookie. Plus you throw in a pathetic group of investigators & DAs you'll get a Not Guilty. NO gun, NO blood, NO witnesses, NO bullets, NO black trash bag...IS JA REALLY THAT SMART??? The Flintstone Cops & The Simpsons DA Family sure make him look like the lead villian in a new TV Series.
If he is found not guilty, what will be the effects/affects in community? Will it effect the elections for the DA & the CCSD. Will there be an accounting demanded by various groups & women's rights organizations of the CCSD & County Commissioners? If he is found Not Guilty I hope it causes the CCSD to get more professional investigators & the DAs to have an eye exam so the can see more clearly the lack of evidence.
None of you are DA's/defense attorneys, yet in nothing but your spare time, you've asked one another other question after question...and gotten various answers/points of view, leading to more of the same. Kudo's for your effort.
The investigators didn't do half the job you've here, and they're "trained professional's"! This is the first crime of it's magnitude, in your area, so being s'posedly reasonably intelligent men/women, knowledgable of that fact, why did they not seek help from the larger surrounding area's...ego's aflutter, perhaps? They served to be abso no use to either Emily, or Jerry. Either Emily's killer will go unpunished, or Jerry will forfeit his life, for another man's crime. I still believe he's innocent.
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