Aaron Hernandez Trial (Odin Lloyd)

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SumnerH

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MuzzyField said:
Wouldn't that be double jeopardy? Mistrial is the only way prosecution can retry, correct?
 
Essentially yeah.  The US is virtually unique in how strongly it prevents double jeopardy--if you're acquitted, the only way you can _maybe_ be retried is if it can be proven that you were never actually in jeopardy to begin with (e.g. the jury's families were kidnapped and threatened unless they acquit, the judge was bribed in a bench trial, something like that).
 
Another jurisdiction (state vs federal) can try you, though they're often reluctant to try people for the same offense (though it's not unheard of).  You can definitely still be sued civilly (e.g. OJ's wrongful death case) or charged with another crime as long as it's not a lesser included offense of the first one (if you're acquitted of murder 1, you could be charged with violating someone's civil rights but probably not with murder 2, manslaughter, or battery).
 

Royal Reader

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JohnnyK said:
Seriously? The state cannot appeal an acquittal?
 
I'm not from the US, and here this is definitely possible.
You generally can appeal acquittals in Civil Law countries (Continental Europe and anywhere colonized by those countries) and generally can't in Common Law Countries (England and most former British Colonies).  Though England itself has allowed retrials on very serious crimes where substantial new evidence arises since 2003, whereas such a law would be flagrantly unconstitutional in the US.

Scotland, bless its heart, allows retrial if a 'Not proven' verdict is rendered, but not in the case of a 'Not guilty' verdict.  

 
 

Rovin Romine

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Royal Reader said:
You generally can appeal acquittals in Civil Law countries (Continental Europe and anywhere colonized by those countries) and generally can't in Common Law Countries (England and most former British Colonies).  Though England itself has allowed retrials on very serious crimes where substantial new evidence arises since 2003, whereas such a law would be flagrantly unconstitutional in the US.

Scotland, bless its heart, allows retrial if a 'Not proven' verdict is rendered, but not in the case of a 'Not guilty' verdict.  
 
 
I've read various things about the advantages and drawbacks to the three verdict system (Guilty/Not-Guilty/Not-Proven).  
 
Regardless of its ultimate worth, I find it completely fascinating.  Not that I'm an expert or anything, but it's just such an interesting way to go about things, both philosophically and practically.    
 

DennyDoyle'sBoil

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SumnerH said:
 
Essentially yeah.  The US is virtually unique in how strongly it prevents double jeopardy--if you're acquitted, the only way you can _maybe_ be retried is if it can be proven that you were never actually in jeopardy to begin with (e.g. the jury's families were kidnapped and threatened unless they acquit, the judge was bribed in a bench trial, something like that).
 
Another jurisdiction (state vs federal) can try you, though they're often reluctant to try people for the same offense (though it's not unheard of).  You can definitely still be sued civilly (e.g. OJ's wrongful death case) or charged with another crime as long as it's not a lesser included offense of the first one (if you're acquitted of murder 1, you could be charged with violating someone's civil rights but probably not with murder 2, manslaughter, or battery).
 
A major component of the second point is that conspiracy is not the "same offense" within the meaning of the Double Jeopardy Clause as the underlying offense.  Usually the government charges conspiracy and the underlying crime in the same proceeding, but it doesn't have to.
 

OCST

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FelixMantilla said:
So when you you think we'll have a verdict?
 
I expect the longer is takes the better for Hernandez. Is that true?
 
RR will know better, but IMO trying to read tea leaves like that is difficult.
 

smastroyin

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The jury have asked for a list of the exhibits.  The defense has contended that the list must be reviewed for impartial language in the description.  (i.e. no "video of Aaron Hernandez with the murder weapon.")  So that might take a while to put together.
 

Rovin Romine

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FelixMantilla said:
So when you you think we'll have a verdict?
 
I expect the longer is takes the better for Hernandez. Is that true?
 Loger post upthread.  But, if no split, today by close of day.  If there's a holdout/split, who knows?  
 
Deliberation length isn't, as far as I know, a good predictor.  At least if you're talking about the first couple days.   4 hours isn't "better" for the defense than 3 hours.   Once past a certain threshold (a full day, multiple hours to review/talk), you can infer a split or a  holdout, because there's been enough time, but no agreement.  But who really knows how that will resolve?  The holdout/split could be over M1 or M2, not guilt or innocence.  Usually though, if the deliberations go for a very long time (3-4 full days?), you're more and more likely dealing with a hung jury - where one or more jurors have taken a position the other jurors won't adopt or approach in compromise. 
 
2nd edit - forgot to say (also developed upthread), that usually a hung jury is a "victory" for the defense.  So that lends some credence to the basic idea that "the longer it takes, the better it is for the defense" idea.  Meaning that the longer it takes, the more likely there is to be a hung jury, which is true.  However, I discounted that in my response because  I'm not at all sure a mistrial based on a hung jury would be a defense "win" in this circumstance.  The state will just retry their case.  Some of the state's rabbits (arguments) are out of the hat, and the defense might be able to put together a more credible case the second time around.  But maybe the state brings more evidence and/or addresses the problems the defense has enumerated.  Either way AH sits in jail until a second trial. 
 
Speaking of the "not compromising" dynamic, I don't think either attorney explained that the jury does not have to reach a "unanimous consensus on each and every fact, or on 'what happened.'"  I.e., If all the jurors have a reasonable doubt, they can acquit - they don't have to all agree as to the same reasonable doubt.   Likewise, if all the jurors believe AH guilty of M1, beyond a reasonable doubt, they don't have to necessarily agree as to every single fact that gets them there.   For example, the jurors might all feel AH is guilty of M1 but disagree on the role that Jenkins played.  I sometimes wonder if juries get sidetracked over that sort of thing.   So I make it a standard part of my defense close for my crim. cases.  (Edit - the part that favors the defense, of course, but the argument could be used by either side.)
 
If anyone did, it likely would have been Sultan doing it.  Does anyone recall this?  
 

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smastroyin said:
The jury have asked for a list of the exhibits.  The defense has contended that the list must be reviewed for impartial language in the description.  (i.e. no "video of Aaron Hernandez with the murder weapon.")  So that might take a while to put together.
 
Per Fraga's tweets, it looks like they agreed on the list around lunchtime?
 
ALSO (just checked twitter), we have our FIRST JURY QUESTION.
 
Again, per Fraga, it seems like the jury wanted a clarification of the instruction regarding constructive possession.  Apparently Garsh clarified to the jury that constructive possession over a firearm is simply control over the firearm, not an intent to use or fire it.
 
There's always a temptation to read a lot into this.  Did the jury start with the easy or hard charges?  Are they nearly done or just beginning?  Does it mean that they're super-keen on "intent" and are likely to acquit on Murder due to a lack of evidence as to intent?  Or perhaps they think there's enough intent for Murder, but think there ought to be a similar showing for possession?   Or would they care about that if they've already found him guilty of murder?  Etc. Etc.  
 
 
https://twitter.com/BfragaHN/status/585875094129532929
 

smastroyin

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Yeah, looks like the list was turned over around 1 PM?  439 exhibits, though.  Presumably a big part of wanting the list is to go to the important ones, but maybe they also want to go through one by one.
 

Rovin Romine

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smastroyin said:
Yeah, looks like the list was turned over around 1 PM?  439 exhibits, though.  Presumably a big part of wanting the list is to go to the important ones, but maybe they also want to go through one by one.
 
So do we assign a "natural and normal deliberation period" as the end of today?  The end of tomorrow?  Do they have a long list or a short list of things they want to confirm?  It's tough to guess at, given the volume of evidence in the case.  
 
A smaller case with more narrow issues would have me thinking the natural period for debate is by the end of today.  I'd guess at a split/holdout if they didn't reach a decision tonight.   But here, they've only put in a couple of hours yesterday, and 6 hours(?) thus far today.  They've just gotten the exhibit list a couple hours ago and have asked a clarifying question.  So, maybe today.  Maybe tomorrow.  If it goes beyond tomorrow, 3pm, I'd start suspecting split.   
 

smastroyin

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"Those jerks made me miss 2 months of work, I'll be damned if I'm going back on a Thursday"
 

Rovin Romine

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"But has a little girl.  Let's make sure we're careful and do this for the right reasons.  What about having just one more night to sleep on it after we see the video again?" 
 

crystalline

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Above in this thread it sounded like people believed the weakness of the defense case, including changing course from the opening, was affected by certain evidence (SJ testimony?) surprising them. I know you said the state also benefits on retrial by seeing the defense's case, but in this case it sounds like the defense might benefit more from a retrial.
 

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Rovin Romine said:
"But has a little girl.  Let's make sure we're careful and do this for the right reasons.  What about having just one more night to sleep on it after we see the video again?"
To which another juror might respond "yes a little girl that, if we are to believe the defense that he was there but one of the other guys fired, he let play with said murder(s). Maybe she's better off..."
 

Rovin Romine

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Done for the day.   Jury's coming back tomorrow AM.  They've deliberated for a total of 9 hours.  Tomorrow will be their 3rd day of deliberations.  (Although that's somewhat artificial, given their very short first day and the exhibit list being turned over to them today at lunch.)
 

Rovin Romine

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crystalline said:
Above in this thread it sounded like people believed the weakness of the defense case, including changing course from the opening, was affected by certain evidence (SJ testimony?) surprising them. I know you said the state also benefits on retrial by seeing the defense's case, but in this case it sounds like the defense might benefit more from a retrial.
 
Perhaps it's best to view this case as being more or less fully developed.  It may get cleaner on a retrial, but I don't see how it gets "better" for the defense beyond that.  What's the new theory the defense will pursue?
 

crystalline

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Rovin Romine said:
 
Perhaps it's best to view this case as being more or less fully developed.  It may get cleaner on a retrial, but I don't see how it gets "better" for the defense beyond that.  What's the new theory the defense will pursue?
You and others have said that consistency from opening through closing is important for defense credibility, and they might do better at that on retrial. But point taken- probably this only matters at the margins, not when the evidence is so bad for the defendant.
 

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Rovin Romine said:
Done for the day.   Jury's coming back tomorrow AM.  They've deliberated for a total of 9 hours.  Tomorrow will be their 3rd day of deliberations.  (Although that's somewhat artificial, given their very short first day and the exhibit list being turned over to them today at lunch.)
 
I can't believe that they are hung & I love it. Then again, it's not like Hernandez is going to walk. They'll just have to try him again on OL after the double murder trial.
 

Rovin Romine

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axx said:
 
I can't believe that they are hung & I love it. Then again, it's not like Hernandez is going to walk. They'll just have to try him again on OL after the double murder trial.
 
It's a little too early to say they're hung.  
 

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Rovin Romine said:
 
It's a little too early to say they're hung.  
 
That's a nice benefit of practicing in a jurisdiction without a possibility of a hung jury. We require (at least) a 2/3 vote to convict (and 2/3s on the sentence). Any less than that and it's an acquittal. Makes for shorter deliberations.
 

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axx said:
 
I can't believe that they are hung & I love it. Then again, it's not like Hernandez is going to walk. They'll just have to try him again on OL after the double murder trial.
Please. There is no way infer they are hung at this point. It's too early. If they are hung, it probably will start to manifest itself first in things like notes to the court, requests that testimony be reread, legal questions and so forth.
 

soxfan121

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dcmissle said:
Please. There is no way infer they are hung at this point. It's too early. If they are hung, it probably will start to manifest itself first in things like notes to the court, requests that testimony be reread, legal questions and so forth.
 
He was guilty before this thread even started. ;-)
 

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Rovin Romine said:
 
So do we assign a "natural and normal deliberation period" as the end of today?  The end of tomorrow?  Do they have a long list or a short list of things they want to confirm?  It's tough to guess at, given the volume of evidence in the case.  
 
A smaller case with more narrow issues would have me thinking the natural period for debate is by the end of today.  I'd guess at a split/holdout if they didn't reach a decision tonight.   But here, they've only put in a couple of hours yesterday, and 6 hours(?) thus far today.  They've just gotten the exhibit list a couple hours ago and have asked a clarifying question.  So, maybe today.  Maybe tomorrow.  If it goes beyond tomorrow, 3pm, I'd start suspecting split.   
 
There is a ton of evidence to go through to make sure it really is "mutually corroborating", and given the circumstantial nature of all of it - and the serious consequence of delivering a guilty verdict to the defendant - I'm really not surprised at the lack of a verdict. In fact, the request for the full list of evidence strikes me as something that a good jury would use as the basis for determining what is corroborated and what is not. And that could very well take some time. It would also be the best way to pressure any lone hold-outs, simply by showing that while one piece of evidence may not eliminate reasonable doubt, a series of related pieces are a different matter.
 
I don't expect anything before the end of the day Thursday, and going well into Friday wouldn't shock me either.
 
M

MentalDisabldLst

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That's a nice benefit of practicing in a jurisdiction without a possibility of a hung jury. We require (at least) a 2/3 vote to convict (and 2/3s on the sentence). Any less than that and it's an acquittal. Makes for shorter deliberations.
 
What?  Where are you, Russia?
 

SumnerH

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MentalDisabldLst said:
 
What?  Where are you, Russia?
There are US states that don't need a unanimous jury to convict (Oregon I think? Louisiana for sure, but they're always weird with civil law and whatnot).
 

SumnerH

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Louisiana is 10 of 12 normally, but needs all 12 for the death penalty. Assuming my rapid googling is right, lawyers who know better please correct me.
 

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axx said:
 
I can't believe that they are hung & I love it. Then again, it's not like Hernandez is going to walk. They'll just have to try him again on OL after the double murder trial.
 
Why do you love it? Seems like an odd statement. 
 

smastroyin

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Two jurors were sidebarred, full jury is in court now apparently.

Update: Media were stalking a couple of the jurors. Judge wanted to make sure they weren't tainted, gave instruction to jury. Judge may bar WHDH from courtroom. Back to deliberations, looks like.

I'm picturing this guy.
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
 

Preacher

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Rovin Romine said:
One of those pesky systems that seems concerned with what actually happened.
 
Pesky indeed.  We only require 2/3s for a conviction (for noncapital cases, capital requires unanimous) and 2/3s have to agree on the sentence (unless it's 10 years or more and then you need 3/4s to agree, again unless it's capital).  Plus, if it's a noncapital case, we only require 5 jurors.  The pool normally starts out with 10-12 and as long as we end up with 5 or more after voir dire, we're good to go. 
 

Rovin Romine

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MA's system is interesting - the idea that you just hold the alternates off to the side and plug them in if needed.  Deliberations begin again - whatever that means.  (I'd assume, for example, if there were 11 G votes, a holdout was excused for whatever reasons, and the alternate juror was going to vote G, there wouldn't be a need to rehash much.)
 
In other jurisdictions, once an alternate is excused, they're gone.  The thought being that you can't have some of the jurors discussing the case outside of the presence of another juror.  
 
I had not factored this into my thinking about the case.  
 

NortheasternPJ

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Being an alternate must be extremely frustrating in a case like this. You sit there for a month, then when it's deliberation time you are excluded and there's a good chance you've wasted the last 30 days without even getting a say.
 

Titoschew

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Garsh says WHDH followed jurors and snapped a pic of one/both of their license plates and one of the jurors snapped the license plate of the van and here we are.  Asking Channel 7 to do an investigation and report back to the clerk.
 

theapportioner

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Rovin Romine said:
MA's system is interesting - the idea that you just hold the alternates off to the side and plug them in if needed.  Deliberations begin again - whatever that means.  (I'd assume, for example, if there were 11 G votes, a holdout was excused for whatever reasons, and the alternate juror was going to vote G, there wouldn't be a need to rehash much.)
 
In other jurisdictions, once an alternate is excused, they're gone.  The thought being that you can't have some of the jurors discussing the case outside of the presence of another juror.  
 
I had not factored this into my thinking about the case.  
 
A holdout being excused because she/he was a holdout seems like a travesty of justice.
 

Rovin Romine

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Various twitter feeds report a WHDH van followed two of the jurors yesterday.  Didn't see the live feed, but if I were the judge (ha!) I'd be firing a shot across WHDH's bow right now.   Ultimately, depending on the facts, I'd have no problem holding the station and the individuals involved in contempt.  This sort of thing is outrageous.  
 
https://twitter.com/BfragaHN/status/586165041222840320
 

Buffalo Head

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smastroyin said:
Two jurors were sidebarred, full jury is in court now apparently.
 
Update:  Media were stalking a couple of the jurors.  Judge wanted to make sure they weren't tainted, gave instruction to jury.  Judge may bar WHDH from courtroom.  Back to deliberations, looks like.  
 
 
 
I've been watching Ch. 7 this morning and at about 9:30 the anchors were talking to the reporter on scene about what was happening in the sidebars, then quickly cut back to the studio where they said, "It appears the judge is about to speak, are we getting a live feed?" Then a couple seconds of awkward silence, and the anchor says, "We appear to be having technical difficulties, we'll return to that in a moment." 
 
The rest of the newscast, not a word about the trial.
 

Rovin Romine

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theapportioner said:
A holdout being excused because she/he was a holdout seems like a travesty of justice.
 
There's no mechanism (thankfully) for identifying a holdout and excluding or putting individual pressure on that juror.  Theoretically, one juror could tattle on another, via a note to the judge, but I think that'd only happen if the other juror was doing something completely outrageous - say, bragging that they're a secret AH fan and that they lied their way onto the jury for the purpose of hanging the verdict.  Otherwise, what would our hypothetical note say? - "Joe disagrees with everyone else and has a reasonable doubt."  That's how the system is supposed to work.  
 
However, a holdout juror might go to the judge and say, "You know, I can't follow my oath.  I though I could be impartial, but I can't because X.  I want to be excused."  For example, a juror might have had a personal tragedy in their life recently and just can't be objective.  Or refuses to vote.  
 

NortheasternPJ

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Shocking that WHDH would do that! They're not sensationalist all or anything.
 
BREAKING NEWS: WHDH CAUSES BREAKING NEWS
 
Edit: NBC apparently knows something we don't:
 
 

Rovin Romine

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Buffalo Head said:
 
I've been watching Ch. 7 this morning and at about 9:30 the anchors were talking to the reporter on scene about what was happening in the sidebars, then quickly cut back to the studio where they said, "It appears the judge is about to speak, are we getting a live feed?" Then a couple seconds of awkward silence, and the anchor says, "We appear to be having technical ethical/legal difficulties, we'll return to that in a moment after our in-house counsel finishes his ranting "WTF" speech." 
 
The rest of the newscast, not a word about the trial.
 

smastroyin

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Just a dumb dumb question - if these fucktards caused a mis-trial (by tainting/harassing more than 3 jurors) could the Commonwealth have a civil claim for them to be responsible for the court costs of a re-trial?
 

NickEsasky

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Buffalo Head said:
This never would have happened if Anne Allred were still there.
 
I miss you, Anne Allred...
My mornings are a little worse now that Kayna Whitworth has left to join her husband in LA. 
 

Rovin Romine

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dcmissle said:
https://malegislature.gov/laws/generallaws/partiv/titlei/chapter268/section13b

Look at Section 13B.1(c)(iii).

That would be potential jury tampering. If reporters are following me in the middle of deliberations, I would regard it as harassment.
 
It seems to fit, facially.   Also, I presume the court issued orders regarding taping/recording jurors.  A violation of that order can be dealt with by the court "directly" through contempt proceedings.   A violation of the statute you cited would (I believe) have to be brought as a criminal charge by the district attorney.  I'd suspect that would be an interesting dynamic - does the DA go to war with a media outlet?  Or would the outlet issue a mea culpa?  What's an appropriate penalty/sanction/restitution for said outlet to make or pay?
 
Also, does anyone know the rules regarding juror identification in MA, post trial?  
 
I ask because if MA has a rule that says no juror ever need reveal their participation in a jury, any violation by the media would be potentially very severe.   If MA has a transparency rule that allows jurors to be identified post trial, we'd be in a situation where the outlet could claim that they weren't trying to interfere with an ongoing jury, and whatever taping/information gathering they were doing was going to be be fully justified in just a couple of days.  (Not to say taping/following jurors *isn't* a violation.)  Most jurisdictions strongly guard the privacy of a jury, but allow jurors to come forward after the trial and do any number of voluntary things (interviews, books, whatnot).  
 
***
On the topic of freaking out jurors, I'm reminded of a situation where a jury saw a fully geared up S.W.A.T. team (or whatever they're called by that particular force) in a courthouse hallway.  The team was there for an unrelated issue.  However, since the case involved allegations of gang activity, the jury assumed they were in danger and sent a note to the judge.  It was sort of amusing watching the judge explain to the jury that the case wasn't that important.  I did feel bad for the jurors though.  
 
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