Saunders, Real Estate, Hamptons

7 Comments by observer

Defense seeks mistrial; Judge rejects motion


I have been following your comments on the deliberations phase of this trail, and I am wondering what you make of the information the jury asked for today, such as the repeated request for definitions of "justification"?" Dec 3, 09 6:41 PM

I understand that patience is key, and I am not asking your thoughts on guilt or innocence, merely your thoughts on what has been asked for and the order in which it was asked for.

This is purely speculation, but it seems that yesterday the jury was asking for the legal definition of Murder 2. Today they have moved on to ask for the definition of justification. In earlier posts I believe you noted that justification, or self-defense, can not be considered in a Murder 2 or Man 1 charge, because self defense goes out the window when intent enters, and you also noted that the charges are weighed in order of severity (Murder 2, Man 1, the Crim Neg Hom). By these above statements, do you think it is reasonable to imagine that the jury has moved on to a lesser charge such as Crim Neg Hom?

As I said before I do not wish to know about thoughts of guilt or innocence, rather thoughts on the behavior of the jury as it relates to the charges they are weighing. " Dec 3, 09 7:06 PM

Ok, I got ya. My questions were merely a brain picking of someone that seems to know a lot more about the law then I do (or is able to Google with better search queries..haha)

Personally I am fascinated with the legal issues around this case, (not to mention any other case I have the time to follow/observe) and your legal analysis is what I based my questions off of. As you can probably tell I have absolutely zero background in law, but its just a topic that I cant help but explore. I failed to include the difference between deadly force and physical force in my thought process.

I guess the bottom line is at least the jury seems to be asking the questions they need to and looking at everything they possibly can before determining the final verdict. Which ever way it turns out, I guess you cant say that the blinders were on either way.
" Dec 3, 09 8:09 PM

Deliberations in Oddone trial resume Monday with testimony reread to jury

Unfortunately, its not that simple in the eyes of the law.... If the jury is still working, asking for more info, deliberating more, after more then a week of deliberations, it seems that it is not as cut and dry as you think.

I have a feeling that you are the one that doesnt get it.

At least the jury seems to be using their heads." Dec 11, 09 9:24 PM

Publius, or anyone else that actually knows the answer....

In the case that the jury is hung on a lesser charge, the judge can accept a partial verdict. Does he HAVE to accept a partial verdict if they reach one on a higher charge? Or is it simply up to the judge?

Reason being is that I am curious if the jury is in fact hung on a lesser charge, but the judge feels that the higher charge is appropriate, can he refuse to accept a partial verdict so that the defendant cannot avoid another trial on the higher charge due to double jeopardy??" Dec 12, 09 4:07 PM

Are you serous happynow? They already said it was a mistake, and they corrected it as soon as they discovered it. I would imagine that the reporter at the courthouse had nothing to do with it. Either way, you have never made a mistake in your life?" Dec 12, 09 7:36 PM

Are you serious? The story was updated today at 2:08pm today. It has absolutely nothing to do with what was being talked about above. What they are talking about was an email that went out with an incorrect subject line yesterday, that was realized and corrected about 20 minutes later.

Maybe you should read "back and forth above" again....." Dec 12, 09 9:04 PM