Thanks

Hello all. I wanted to take this time to thank everyone for checking out this blog. The purpose was always to let folks who couldn't be in court, but cared about Emily and Jerry, know what was going on. I always tired to remain fair and unbiased, and I hope that came across to everyone. Your readership and the comments (although too harsh for my liking sometimes) are valued and much appreciated. Please check out the Hickory Daily Record's online or print versions tomorrow to hear comments from attorneys, jurors and family and friends. I am going to now be on bond watch. I will post if/once Jerry is released from jail, and I will post anytime I learn something new about the case, so check out the Web site every now and then. Thanks again. Now, I must go finish my work and get out of here in the next few hours. It's been a long six weeks, but enjoyable and, I hope, informative. Take care, and who knows, maybe I will still be around for Jerry's next trial. C-ya later. Blogging out, Jenn

Recap of the Afternoon

Jerry Anderson has not made bond yet. His attorneys think that will most likely happen sometime Monday morning. I talked to four of the jurors this afternoon, with the help of my Channel 9 news partner.
Juror Cynthia Absher, who voted not guilty, said it was very hectic at times. She said the jurors laid out the timeline, and in her opinion, there was no way Jerry could have killed Emily in about 10 minutes, according to their timeline. She said she also considered the two doctors who said most likely, Emily died 2-4 days before Emily's body was found. She was also concerned that Antonio Reyes didn't give his real name on the stand.
Juror Michelle Johnson also believed Jerry was innocent. She said she even cried, as did several others, when they knew that Jerry Anderson would be going back to jail.
Fellow juror Roger Baker was the sole juror who believed Jerry was guilty. He said he did what was in his heart and what he discussed with God, and he could not find Jerry Anderson not guilty.
Check out Saturday's edition of the Hickory Daily Record for more on what the jurors had to say and what the attorneys had to say.
I'll be back later tonight.

I'll be back

All right. Jerry is staying down here until a bond is made, which will probably happen, I just don't know when. I have to get to work, not that I haven't been working, but it's time to talk to folks. I will definitely write to y'all sometime later. Thanks so much everyone.

bond 150,000 secured

Just waiting for the bond hearing to start

All right everyone. It's not over yet, kind of. Dubs made the bond motion. Once the judge gets done talking to the jurors, and both counsels requested to speak with the jurors, and then we should hear the bond motion today. Dubs said it shouldn't take long, especially since the judge has heard all the evidence. I hope it comes out what the split is. 11 to 1. One away from a verdict. Dee says she's doing OK. Bless her heart. Friends of Jerry also seem upset. His sister had to leave to go back, so she's not here today. I feel bad for her, too. We will have to do this all over again, unless the DA decides to drop the charges. Not sure that will happen. So, Jerry is not a free man. Dubs is going to fight to get him out of jail, though. We shall see what happens. I will be back when something else happens.

This is over. Dubs made a motion for a bond set and the judge will hear that once he talks to the jurors. I will definitely be back. Wow.

This is over. Dubs made a motion for a bond set and the judge will hear that once he talks to the jurors. I will definitely be back. Wow.

It's over

Mistrial! The judge just declared a mistrial.

The judge asked the jurors if any of them felt they could reach a unanimous verdict and NONE raised their hands. They are going to decide what to do.

The judge asked the jurors if any of them felt they could reach a unanimous verdict and NONE raised their hands. They are going to decide what to do.

They are bringing all 12 in here. The judge is going to ask the foreperson if she thinks continusing deliberations would result in a verdict. Let's find out.

Waiting...

We are all just waiting in suspense here. The defense is in the holding cell. They are now asking for the note. Bellas and Tutterow exchange a few words. Now Stafford is in on their conversation. Everyone just waits. Jerry and Dee Watson are here. I haven't seen Jerry's sister today. I can't imagine how much time all these folks have taken off from their jobs and away from their homes. Today is one of Jerry's friend's birthdays. She said all she wanted was for this to be over and Jerry free.

It sounds like a deadlock, though. What will happen, though. Will Cayer make them continue? How could he? It really sounds like this is deadlocked. Like this one last person is not, is not going to change his or her mind. What will happen. I will let y'all know something as soon as I know something.

Deadlock continues

It's a note that says, "Your honor, we have reviewed the evidence thoroughly. One has stated that nothing presented is going to change their mind of their decision made. While they have somewhat participated in the deliberation process, their decision has not changed since day 1. If we feel it were possible, we have no problem continuing deliberation, but deliberation has seemingly ceased."

Now, the note says one juror, but their was used - I guess not to reveal male or female?

The defense went to Jerry's holding cell so they could talk about this in private. We shall see what happens.

The jurors have a note

It's either a question or maybe another note of deadlocked? We will find out very soon.

Nothing by lunch

Well, it's another lunch in Gastonia. Where shall I go to today? I haven't heard much talk about lunch. Someone mentioned Zaxby's. I also heard some folks talk about the O.J. case. I know this case isn't as large scale as that case was, but for our area, I really think this has been the biggest case in a long time.

So, Cayer is going to give the jurors their 90 minute lunch break. Then, they will be back at it at 2. Would they really go all day and into Monday? I know we are all waiting, but, at least, I hope, they are taking this seriously. I really hope deliberations haven't ceased, as the letter said Monday. Surely, they wouldn't just be sitting in there talking sports and TV.

I will be back this afternoon folks. C-ya.

It's time for the mid-morning break

Just an FYI, we have reached the mid-morning break with no further word from the jury. We will now go until 12:30, unless we hear something from the jurors.

I'd say things are about the same here. There's a lot of newspapers out this morning. In the media corner, we are trying to get some other work done. Several folks are out in the hallway, getting some time off their bottoms from these hard, wooden benches and making small talk. The defense team has spent the morning reading or surfing the Web.

Yesterday, Lisa Dubs told my Channel 9 news partner that Jerry did a lot of pacing, but for the most part is keeping an upbeat attitude. He smiles when he enters the courtroom. I've seen him talking and joking around with the guards. Emily's family, for the most part, stays out of the courtroom. Dee has a lot of books, magazines and crossword puzzles in her hands. She's just waiting. We are all are just waiting. It's hour 32, day 7.

I will be back around 12:30, or earlier if something happens.

More paper please

They want a flip chart, which is just a really large pad of blank paper. I guess they are still deliberating hard back there, taking notes and writing out points. The judge will let them go until 11 and then they will take their usual break.

Will we learn anything today? Will Jerry spend another weekend in jail, waiting for a verdict - or as a guilty man, or will he be free? Maybe we will find out today. It's day seven of deliberations.

Question

Jurors have a question. I will be back.

This trial will go another day

Another day without a verdict or a declaration of a mistrial. How much longer will this go? The jurors have now deliberated for 30 hours and 30 minutes. I am just wondering if they will come back tomorrow with either a decision or a, We just can't decide. If they do that, will the judge call this thing?

Well, I know one thing for sure, we will all be back tomorrow at 9:30. One of the alternates has an engagement in the morning - remember the false alarm from yesterday afternoon. But Cayer is going to ask all but him to return at 9:30 a.m. when deliberations will continue. I will post something in the morning. Still waiting for that red light. I hope everyone has a good evening.

Nothing new at the mid-afternoon break

Good afternoon everyone. It's time for the mid-afternoon break and no word from the jurors. I guess they are back there going over the evidence, debating further. Unless they are taking sports and food and movies, but I hope not. I think they want to come to some type of decision, but it sounds like a few are not going to change their minds. So now I ask, will they come back this afternoon and say we are still hung, or will we all be back tomorrow? Well, we have an hour and a half left in the day. Technically, we have one hour and 15 minutes. So, I did the math. We are at 29 hours and 15 minutes of deliberation. Wow. By the days end, it will be at 30 hours and 30 minutes. The defense and prosecution have said this is the longest deliberation either has waited. Interesting...

Well, we keep waiting. A lot of small talk, story telling and even some laughing. As long as we've all been waiting, you have to try to keep a positive attitude, especially those that are personally involved. I'm not saying we are taking this situation lightly, but you have to have a positive attitude or you will go crazy. Well, I will be back at 5 if nothing new happens, but you can bet I will let y'all know if anything happens.

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.

Ten to 2

Ten to two is the split. But the foreperson was instructed not to say toward guilt or innocence.

What's the split?

Cayer is planning on bringing out all (12) the jurors to determine the split. And, see if there has been a change in that since Monday. Cayer then plans to give some type of instructions. I will be back as soon as I know the split.

Deadlock

The foreman sent a note saying they are still deadlocked. She doesn't know what to do. Attorneys are agruing now about what to do. I will be back.

Question

They have a question. I will be back.

It's officially been a week

Well, it's 11 a.m., Thursday, July 19. Deliberations began last Thursday at 11 a.m. Jurors have been deliberating for 26 hours and 30 minutes. Everyone is still waiting. I've seen some folks pacing around. A lot have newspapers in their hands. In the media corner of the courtroom, several of us and Lisa Dubs had an interesting conversation about the death penalty. I am interested in law and crime, which kind of goes along with my job, and I took several law and psychology courses in college. If you have time and are interested here are a few Web sites to check out: www.aoc.state.nc.us/www/ids; www.deathpenaltyinfo.org; and www.cdpl.org. Do you know that it costs $2.16 million per execution over costs of life in prison? That's according to a 1993 Duke University study. I bet it's more now with inflation. North Carolina ranks seventh in the country (out of 37 states currently with the death penalty)for inmates on death row: 185. And, the state ranks sixth in executions since 1976, with 43. Four were put to death last year. None so far this year. Everyone has their opinion about the death penalty. Personally, I don't see how killing is justification for killing. Under the government's law, murder is wrong, but yet they put someone to death. Also, there have been 124 people exonerated since 1973 from death row that were innocent. And I can't imagine how many others have been executed that were innocent. Now, I trust in my law enforcement, and I work with a lot of great people on my beat. But I think it's fair to say we all know no one is perfect, present company included. Have y'all watched The Life of David Gale? It's one of my favorite movies. Check it out. Great movie. Great ending.

Well, I need to get this posted. If something happens before lunch, I will post right away. The jurors are on the mid-morning break now. Then they will work until 12:30. Will anything happen?

It was nothing

False alarm. It's a note from one of the jurors. Apparently his daughter is graduating from high school Friday (because she was in summer school) and he asked if he could come in at 11:15. The judge said he would try to accommodate him, and he and the attorneys would discuss tomorrow depending on what happens tomorrow. So, no verdict or deadlock or further request. So we go another day.

Jerry Anderson will be in jail another night without knowing if jurors think he's guilty or not guilty. I wish I knew, at least what the split is. We know from the letter Monday that some jurors - plural - have stated opinions and are not wavering and some have ceased deliberations. But we've gone two days further now of them deliberating so I guess most are being reasonable about this. I can't imagine the stress or the pressure they are feeling. I've never been on a jury, never been asked to be on one. I can imagine they are ready to be home or back at work, especially the alternates. They are just sitting in a room. Cayer told them not to even discuss the case. I think Cayer is ready for a verdict, too. Sometimes when he comes in, he seems almost frustrated or impatient, maybe tired. I know he has invested so much time in this case, and I bet he wants a verdict. I think we all want a verdict.

Blog to y'all tomorrow morning.

What is it?

The judge is about 10 minutes early. Is something going on? We are waiting for the prosecution to arrive... I will let y'all know asap.

Nothing new

Just an FYI, it's time for the afternoon break and we haven't heard anything. By the time they get back at 3:45, they will have one hour and 15 minutes until the day is over. Will we learn anything today? The waiting continues...

Let's talk money

Hey guys. Unfortunately, we haven't seen the red light, and I finally stopped singing The Police song Roxanne in my head after yesterday's comments - until I just mentioned it now. The jurors are still in there. I'm trying to decide if they will come back today or not. If they are going through every single piece of evidence, they got about 190 pieces yesterday, that could take a while. So, I was wondering, well all the media has, what kind of money these jurors are making. And the intelligent Kristen Hampton with Channel 3 went and asked. Here's what was discovered on the North Carolina Courts Web site:
Jurors make $12 a day on day 1. $20 days 2 through 5. Day 6 and after, they make $40 a day. If you count up the days from June 8 (skipping July 4), the jurors have been here 28 days. Each has made $992. Counting all 16 jurors (remember the four alternates are still here), that brings the total to $15,872. It's actually going to be higher than that because they also get paid each day they are here for jury selection. So, easily more than $16,000 spent on jurors since May 14. But, I would say most people make more than $40 a day, unless you are retired (which I think one or two are) or in college (which one, maybe two are) or unemployed (I don't know about that one). Food for thought...

Nothing before lunch

Well folks, we will break for an hour and a half with no news of what the jurors are thinking. I can assume that they are going through all the evidence. Remember, they have all approximately 300 pieces of evidence with them in the deliberation room. As of 12:30 p.m., the jurors have deliberated for 22 hours and 15 minutes since 11 a.m. Thursday.

So, we can wait. Will a decision come after lunch? Only time can tell.

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.

Voicemail messages played

When the jurors walked in, they looked solemn, almost frustrated. They mostly keep their heads down, and I don't believe I saw one who was smiling. A few carried in notebooks. All listened intently as Bellas played the voicemail messages. Some wrote notes. The first CD was two voicemail messages from Jenny Wilson, who kept a plate of food for Emily the night of the dinner party. On the second CD, we heard Emily's voice again. The first voice mail message was from Jerry. Robert Campbell patted him on the back when it played. Jerry just stares forward, listening. The second message is from Jerry, wondering where Emily is because she's not home and getting ready for the dinner party. There are 14 total voice mail messages on the recording. Most were people looking for Emily, such as her best friend, Pat Thorpe, her sister, Dee, and a tearful niece, and several folks from Sawmills, such as Mindy Ramsey, Pastor Rick Crouse and a tearful Kathy Ramsey. Lt. Chris Brackett also left a message for Emily. He was looking for Emily. They got a missing person's report from her husband, who is "very worried about you," Brackett told Emily on the cell phone voicemail message. He also told Emily no crime had been committed and he just wanted to know she was OK.

So, the jurors are back there deliberating. I guess they will go until 11 before the mid-morning break. I will be back.

Request for an audio player

OK. They are requesting an audio player to listen to the recorded voice mail messages left on Emily's cell phone. They specifically said they didn't need video equipment, just audio. So, I guess they aren't interested in seeing the dog search again.

So after discussing with the attorneys, Cayer decided to bring them back in to listen to the recordings. Bellas went to get his computer and speakers so he could play the recordings for the jurors...

Off to an eary start

The jurors have a question already. We are waiting for Judge Cayer to come in. I will be back with any information that's provided.

The day is over with no verdict

Well, it is 5 p.m. and no word from the jury. I guess we will be back tomorrow morning. Getting nearly 190 pieces of evidence before lunch, I guess they are still going through it all. I wonder what will happen tomorrow. No need to speculate. All we can do is wait.

Jerry calmly walked into the courtroom. Earlier he lost his tie, but since has it back on. I think they found a book for him to read. It's another night in jail, waiting to find out if he will spend the rest of his life in jail or not. It's another night in North Carolina for Emily's family.

I will be back in the morning, folks. Will tomorrow be the big day?

Nothing at the mid-afternoon break

Well, it's time for the mid-afternoon break. Cayer is giving them the usual 15 minutes. I think the big question is will they come back with anything today, or will this continue to tomorrow? Right before lunch they got about 190 pieces of evidence and a pair of scissors. I am sure they are going through almost all of that evidence, at least glancing at the exhibits. Between Thursday and Friday, jurors asked and received about 120 pieces of evidence, and that took them to Monday afternoon to deliberate over... So...

Well, we just wait. The crowd has grown smaller since lunch. For the folks here, I noticed cross-word puzzles, more newspapers and a lot of small talk. They jurors have been deliberating for about 19 hours. Wow. I know that seems like a lot, but you've got to remember we saw four weeks and two days of testimony. That's a lot of notes and evidence to go through. I will be back this afternoon... either with some news or this day will be over.

Request for scissors

It appears the jurors requested scissors to get into some of the exhibits. Man, I hope no one gets mad and uses those things as a weapon.

Well, we are breaking in five minutes. So, I will not write again, unless something happens. The jurors will be on break until 2, and then deliberation will begin again.

Tons of evidence

Well, jurors now have all of the evidence (more than 300 exhibits) that was introduced in this case. A few other things they stated that is now with the jurors are: Jonni Joyce's resume; photo of a key found in Emily's truck, but not the key itself; and voice mail messages on Emily's cell phone.

While attorneys went through the remaining pieces of evidence, Jerry sat patiently in his chair. I bet this seems like an eternity to him. He stares forward, slightly bouncing in his chair. When I got a profile view of him, he looked really tired and worn down. But each time he enters the courtroom from his holding cell, he has a smile on his face. I guess he's trying to keep a positive attitude. I can't imagine. His life hangs in the balance.

So the jurors have all the evidence. The judge is going to let them continue deliberating until lunch, at 12:30. I will be back if something happens before then, if not I'll let you know it's break time.

No verdict, sorry

The judge has a note in his hand. The jurors are requesting all the evidence presented in this case. "We feel it will help us in reaching a unified decision," Cayer read from the note.

So, no decision yet. Sorry to get everyone on high alert, but I get excited when something happens. I mean we are into hour 17 of deliberations. It seems a decision could come, but it appears the jurors are split, as we learned yesterday.

Some of the evidence left includes the oil cans, diagrams of the paint chip samples from the SBI lab and more documents and photos.

Will a verdict come back today? You bet I've got my eye on that red light.

Red light

The red light is on. The red light is on! Question or verdict??

Nothing yet this morning

Good Tuesday morning folks. Unfortunately, I don't have any big news to share with y'all so far today. Deliberations got started around 9:30 a.m. this morning. So far, we haven't heard from the jurors. I wonder if we will today or not? From the note yesterday, I got the impression some jurors are dead set in their opinion and do not want to deliberate anymore. But when Judge Cayer orders you to reconcile your differences and keep deliberating, I guess that's what they are doing.

So, we are just waiting. A few folks brought books today. I see several newspapers passed around. The defense attorneys are chatting it up with local media and surfing the Web. Again, the prosecution does not stay in the courtroom while the jury is out deliberating. Nor does Emily's family. I feel so bad. I know how much I am ready for a verdict or something. I can't imagine how much this means to them, or to Jerry's sister. She's sitting with her head down. I am sure this is exhausting.

But there's nothing we can do to speed this up, so we just wait. I wonder what the judge will do if they come back deadlocked again today? Will he make them continue to deliberate? Will this trial be declared a hung jury mistrial and this will be over? We'll find out soon, although, it feels like later, huh.

Deliberations will continue tomorrow

Well folks, another day without a verdict. At least we have some idea of what's going on behind closed doors. It seems they are deadlocked. It seems some jurors refuse to deliberate any more. When they came in just a few minutes ago, they didn't reveal too much emotion. They looked tired and some looked even frustrated. I can't imagine how frustrating it is. By the way, the foreperson is a female, and the retired cop that has been mentioned, I was told he was excused during jury duty, so he is not in the jury box.

We will be back tomorrow at 9:30 a.m. Will anyone change his or her opinion? Or will this end with a hung jury?

Jurors ordered to continue deliberations, as reasonable adults

Cayer: Bring jury back into courtroom. Read the note in their presence to indicate I've received the note, then instruct them 101.40, which says they should reconcile their differences and try to reach a verdict. However, you should not surrender your opinion for the purpose of a verdict, Cayer said.

Wow. So, the jurors can't decide. It sounds like some jurors are being unreasonable and won't waiver their opinion, and don't want to deliberate any more. But Cayer is making go back in there. He's giving them 30 minutes, so we will go a little over today, until 5:15, then if there's no verdict, he will send them home until tomorrow. Wow. It took all day, but something finally happened. Will we get a verdict today? They have 30 minutes. I'll be back.

Jurors are deadlocked

It's a note: We feel we are currently at a deadlock, opinions stated and are unwavering. Deliberation has ceased among some jurors. They are not stating reasons why. We feel some jurors are not basing decisions on the evidence presented. Collectively, we are unsure what to do at this point.

State: It seems to make sense to instruct them about the court's instructions. I would think instruct them at least once their duty of what to do in this case.

Defense: We have no objection to that. We would ask, especially since, the note is unclear some of them, not some of us, find out what the split is.

Cayer: The jurors have been out since Thursday morning. Giving the length of this trial and the complexity of evidence, I'm not going to stop deliberations. I think they do need to continue to deliberate in trying to reach a verdict. Obviously I can't interject myself into their deliberations. I can give them the instruction available on this situation. That's what I am inclined to do at this point.

Long silence... I will be back....

Something's going on

Something is happening... What's going on?! Well, we are waiting for the prosecution to come back. Judge Cayer is here. We think it's a question. Or is it?

Still in deliberations

There's a lot of pacing, a lot of staring forward, and in my corner, a lot of talk about football. I wish I had more to tell you guys. Folks are talking to each other, some folks still reading the newspapers and folks with computers surfing the Web. Like I said, the prosecution team doesn't stay in the courtroom while the jurors are off deliberating. The defense attorneys are on their computers. I believe Campbell is in the holding cell talking with Jerry. Judge Cayer is in his chambers. Who knows what he is up to. I am sure all of these people have other cases to work on. I am trying to get some other work done, but we keep talking about football, which is my favorite sport in the world. It appears one of the guards is reading. Another is talking to a clerk. We are all waiting. Just waiting. I thought with the jurors asking for instructions they would make a decision. I guess there are people in that room with different opinions. I will try to let y'all know immediately if something happens. No red light yet.

No verdict by lunch

Well, I guess we will go to lunch. I bet Jerry is tired of jail food. If he is found not guilty, I wonder what his first meal would be. I love Atlanta Bread Company. They have the best avocado sandwich. I also must admit, I love Taco Bell. Fourth meal.

All right, the judge is back. Looks like he is bringing in all the jurors. The alternates are staying in a room behind this courtroom. They are not in with the other 12 in deliberation. Could you imagine if one of the jurors did get sick and an alternate would be used. They would have to begin deliberations basically all over again, maybe. We are into hour 12. We'll see what happens after lunch.

Repeat of the instructions

The instructions took about 15 minutes. The jurors are back there deliberating now. They have about 45 minutes before the judge says he will break them for lunch. Will we have a verdict by 12:30 or will this go into the afternoon? I wonder why they wanted to hear the instructions again. Maybe they are real close to a decision.

So, the instructions are simple. Cayer reads from sheets. He said reasonable doubt is based on common sense. He told the jurors it is their opinion what to believe a witness says, and he told the 12 jurors (alternates were not present) they are not bound by expert witnesses. He told them they cannot hold it against the defendant if he did not testify. Cayer told jurors they must be completely satisfied, beyond reasonable doubt that the defendant committed the crime. If they have reasonable doubt, they must find the defendant not guilty. Cayer also instructed the jurors not to consider the death penalty. He said that would be decided during a separate hearing and should not be a concern now. "It is your solemn duty to let the verdict speak the ever-lasting truth."

I will either be back at lunch or earlier - if something happens. I'm watching the red light.

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.