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Michael Dunn (Murder 1) - TRIAL UPDATES
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Author:  Rumpole [ Sat Feb 15, 2014 11:56 am ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Stephanie Brown
Reminder: if we don't get a verdict today, Judge wants #DunnTrial deliberations tomorrow (Sunday)

Author:  Rumpole [ Sat Feb 15, 2014 4:30 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Clutching at straws... I heard the mic go live for a second :)

Author:  Rumpole [ Sat Feb 15, 2014 4:39 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

More... definitely about to go live

Author:  Rumpole [ Sat Feb 15, 2014 4:40 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Image

Author:  Rumpole [ Sat Feb 15, 2014 4:44 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Note from Jurors... they have decided 4 counts... can not decide count #1

Asking for further instuction then go back to deliberating.

There is a standard instruction on "deadlock"

Judge calls Jury in

Author:  Rumpole [ Sat Feb 15, 2014 4:50 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Judge reads standard instruction.. He can not FORCE but asks they go back and each in turn give short speech on why their position is wrong (I think)... uninterrupted for each person... then try a vote... come back with verdict then, or return to court and say "we give up"

Author:  Rumpole [ Sat Feb 15, 2014 4:53 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Stephanie Brown
Healey: "we reached a verdict on four of the five counts" no unanimous on murder count

Healey is giving jury the "Allen Charge" which basically makes them continue to deliberate to try to reach a verdict

#DunnTrial jury has reached a verdict on attempted murder charges and throwing deadly missile, deadlocked on murder charge

Jury further tells judge they are deadlocked on the murder charge as well as the lesser included charges

Author:  Rumpole [ Sat Feb 15, 2014 5:29 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

H/T renewsit for link to "Allen Charge" Standard instruction when a Jury is deadlocked.

https://www.floridabar.org/divcom/jn/jn ... DB005D62F6

From the link here is the "guts of" the Allen Charge...
The standard instruction that the Judge reads verbatim

Quote:
I know that all of you have worked hard to try to find a verdict in this case. It apparently has been impossible for you so far. Sometimes an early vote before discussion can make it hard to reach an agreement about the case later. The vote, not the discussion, might make it hard to see all sides of the case.

We are all aware that it is legally permissible for a jury to disagree. There are two things a jury can lawfully do: agree on a verdict or disagree on what the facts of the case may truly be.

There is nothing to disagree about on the law. The law is as I told you. If you have any disagreements about the law, I should clear them for you now. That should be my problem, not yours.

If you disagree over what you believe the evidence showed, then only you can resolve that conflict, if it is to be resolved.

[This last bit is key IMO]
I have only one request of you. By law, I cannot demand this of you, but I want you to go back into the jury room. Then, taking turns, tell each of the other jurors about any weakness of your own position. You should not interrupt each other or comment on each other’s views until each of you had a chance to talk. After you have done that, if you simply cannot reach a verdict, then return to the courtroom and I will declare this case mistried, and will discharge you with my sincere appreciation of your services.

You may now retire to continue with your deliberations.

Author:  Rumpole [ Sat Feb 15, 2014 6:12 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Might be about to come back... there was mic noise.

Author:  Rumpole [ Sat Feb 15, 2014 6:14 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Back... another question :wall

Author:  Rumpole [ Sat Feb 15, 2014 6:18 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Stephanie Brown
Healey: we have reviewed the weaknesses and have more to talk about

#MichaelDunn jurors are asking for clarification on what would happen if they wanted to further deliberate murder charge

The answer is that only the charge which they cannot reach a unanimous verdict on would by mistried

Jurors are coming out to get the answer

Judge Healey making clear to jurors right now that any counts which they have reached a verdict on would stand.

Deliberations now resuming

prosecution, defense and judge agreed on this interpretation

Author:  Rumpole [ Sat Feb 15, 2014 6:21 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Image

Author:  Rumpole [ Sat Feb 15, 2014 6:23 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Recess

:smoke

Author:  Rumpole [ Sat Feb 15, 2014 6:58 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Stephanie Brown
Judge says we have a verdict on all count

Healey asking court to refrain from emotional outbursts when verdict is read

Healey: This case is not about winning or losing

Healey is bringing jurors in

Healey says to jurors: I understand you have reached verdict on all five counts. Juror: No, we're deadlocked

Author:  Rumpole [ Sat Feb 15, 2014 6:59 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Juror #7 is foreman

Author:  Rumpole [ Sat Feb 15, 2014 7:04 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Stephanie Brown
Healey: we will have one count declared a mistrial

Jurors handing verdict forms to the bailiff for judge to certify

Verdict on count two, three and four: Guilty on Second Degree Attempted Murder
(With firearm involved)

Jury being polled, verdicts are unanimous

BREAKING: #MichaelDunn guilty of three counts of Attempted Second Degree Murder, Mistrial on murder charge

Jury identities will remain confidential. Jurors will be allowed to speak with media if they wish

Author:  Rumpole [ Sat Feb 15, 2014 7:04 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Image

Author:  Rumpole [ Sat Feb 15, 2014 7:08 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Stephanie Brown
Healey now addressing #MichaelDunn: he is remanded to jail pending sentencing

Tentative sentencing date set for March 24

Author:  Rumpole [ Sat Feb 15, 2014 7:11 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

Image

Author:  Rumpole [ Sat Feb 15, 2014 7:12 pm ]
Post subject:  Re: Michael Dunn (Murder 1) - TRIAL UPDATES

That is it for now.... as it stands sentencing March 24 9AM

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