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Stevens Jury Stressed

Second update: The jury retired early again, citing exhaustion. The jurors seem to have resolved the chaos that interrupted deliberations earlier today. They will return tomorrow to continue working toward a verdict.

Bump and update: After a "stressful" day one of jury deliberations in Ted Stevens' trial, day two is being described as "chaotic." At least one juror is described as having violent outbursts; some jurors are asking the court to send that juror home.

The request is problematic. Is the juror refusing to deliberate in good faith (which might be grounds for excusing the juror) or simply stating opinions forcefully? If the juror is excused, is it too late to get an alternate on board, or have the alternates been contaminated by reading or viewing news coverage? A mistrial or hung jury may be coming, but it's still a bit early to make that prediction.

original post: [more ...]

The jury deciding Ted Stevens' fate (and perhaps the outcome of his reelection bid) resumes deliberations today. The jury retired a bit early yesterday after advising the judge in a note that jurors needed "a minute of clarity" because deliberations had become "kind of stressful."

If deliberations became stressful after less than a full day, it seems probable that at least some jurors have sharply divergent opinions about Stevens' guilt. That could lead to a compromise verdict (guilty on some counts, not guilty on others) or to a hung jury. But it's anybody's guess. Trying to divine a jury's collective thinking from the notes it sends to the judge is about as useful as trying to predict the stock market by reading tea leaves.

The Washington Post offers brief highlights of the evidence presented by the prosecution and defense (while ignoring one of the real highlights: how badly the government bungled its obligation to turn over evidence to Stevens). The Anchorage Daily News has this helpful trial summary and tells us that, after alternates were released from the jury, the twelve remaining jurors consist of 8 women and 4 men, 10 African Americans, 1 white, and 1 Hispanic.

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    the twelve remaining jurors (5.00 / 1) (#4)
    by sarcastic unnamed one on Thu Oct 23, 2008 at 12:33:56 PM EST
    the twelve remaining jurors consist of 8 women and 4 men, 10 African Americans, 1 white, and 1 Hispanic.
    Can I ask of what possible significance the broad demographics of this particular jury is such that is has to be specifically pointed out? Are we to infer that he does not have a jury of his peers?

    I know of... (5.00 / 1) (#5)
    by CoralGables on Thu Oct 23, 2008 at 12:45:51 PM EST
    no high profile case where the media hasn't found it necessary to point out the jury breakdown in recent years. It has become a standard part of trial reporting.

    Parent
    OK, but it was something TChris felt it (none / 0) (#9)
    by sarcastic unnamed one on Thu Oct 23, 2008 at 01:20:14 PM EST
    necessary to specifically include in his summary of the issue, so I assume we are to conclude it has significant relevance to the issue.

    He's not the type to throw things into his threads willy nilly w/o consideration of their importance, in my experiemce. But, hey, who the hell knows.

    Parent

    Jury composition (none / 0) (#13)
    by TChris on Thu Oct 23, 2008 at 03:16:39 PM EST
    is almost always of interest to trial lawyers, so I "threw it in" for that reason. What to make of it is an entirely different question.  Clearly Stevens does not have a "jury of his peers" (a jury of 12 right wing Republican senators) but neither do the black defendants who are convicted every day by all-white juries.  I have no idea whether the demographics of Stevens' jury will affect the outcome.

    Parent
    Thanks T. (none / 0) (#15)
    by sarcastic unnamed one on Thu Oct 23, 2008 at 03:34:47 PM EST
    Moreover, suo, there were four (none / 0) (#6)
    by scribe on Thu Oct 23, 2008 at 12:52:53 PM EST
    alternates who were dismissed.  We rarely, if ever, get the race/gender breakdown on them.  And AFAIK, didn't get it here.

    You can be sure that both sides' attorneys were well aware of the potential for Batson and reverse-Batson problems and would not have accepted the panel had they thought it improper.

    It's just that at the end of the trial, a lot of times (it depends on the court) they will throw 16 numbered chips in a bowl and pick 12, then tell the 4 jurors whose chips weren't picked "Ok, you're the alternates.  Go home but stay in touch.  Don't read the paper. We'll call you back if we need you."  I like that method better than picking 12 and then picking another 4 and telling those 4 they are the alternates from the beginning.  The method I prefer keeps everyone awake and attentive because they don't know in advance they will or won't be an alternate.

    Parent

    Batson issues (none / 0) (#7)
    by MKS on Thu Oct 23, 2008 at 12:59:32 PM EST
    are taken very seriously in state court in LA....Somebody goofed in one case last year and struck the last African American from the panel in a big civil case....Mistrial on the spot....It was not a conscious decision to strike all the African American jurors, and the panel oddly had few African Americans to begin with....People just lost track....

    Parent
    They're taken quite seriously (none / 0) (#8)
    by scribe on Thu Oct 23, 2008 at 01:17:16 PM EST
    everywhere.  Thank heavens.

    Parent
    But in this case I would assume (none / 0) (#11)
    by sarcastic unnamed one on Thu Oct 23, 2008 at 01:28:12 PM EST
    race/gender/etc. are non-issues, right? Shouldn't the attorneys be more concerned in a case like this (a case based on politics, wealth, power, etc.) with things like party affiliation, class,  etc? Or did they make some "educated guesses," based on race/gender/etc of the "politics" and "class" etc of the jurors? I really don't know where I'm gong with this, it just seems weird to me.

    Parent
    In this case, I think the class issues (none / 0) (#12)
    by scribe on Thu Oct 23, 2008 at 01:41:12 PM EST
    are pretty important.  But right now (up on the open thread up-site) we're all talking about the juror who likely will have to be dismissed because she's getting violent in the jury room.

    Parent
    Political Affiliation (none / 0) (#22)
    by MKS on Thu Oct 23, 2008 at 04:29:23 PM EST
    would be key....And, I assume, that Brendan "potted plant" Sullivan would have used a jury consultant. Jury Questionnaires can yield all kinds of data and the consultants can cross check it against a national data base....

    Parent
    Why isn't he being tried in Alaska (none / 0) (#28)
    by BrassTacks on Thu Oct 23, 2008 at 10:20:01 PM EST
    Among his peers?  

    Stevens is screwed with a DC jury.  Not saying that's a bad thing......................

    Parent

    i kind of find it (5.00 / 1) (#14)
    by cpinva on Thu Oct 23, 2008 at 03:20:09 PM EST
    somehow ironic that sen. stevens, from a state that is nearly lilly white, has only one person of pale complexion on his jury. somewhere, the gods are laughing.

    and yes, a juror getting violent and irrational might tend to cause some stress for the other 11.

    Ironic or just plain odd (none / 0) (#16)
    by sarcastic unnamed one on Thu Oct 23, 2008 at 03:42:30 PM EST
    that in a state with 75% white, 4.5% black and 20% NA residents, his jury is 8% white, over 80% black and 0% NA.

    Then again, in a perfect world, it shouldn't matter, right? This is what the law says, these are the established facts, do those facts contravene the law or not. In a perfect world...

    What do you suppose the political affiliations of the jurors are? Their "class"/wealth/power in relation to his?

    Parent

    I do believe (none / 0) (#18)
    by CoralGables on Thu Oct 23, 2008 at 03:53:47 PM EST
    you are under the assumption that the trial is taking place in Alaska.

    Parent
    Too funny. (none / 0) (#20)
    by sarcastic unnamed one on Thu Oct 23, 2008 at 03:58:54 PM EST
    Judge: Stevens' Trial to Stay in D.C.
    The GOP Senator Wanted to Campaign for Re-Election in Alaska During His Trial
    By THERESA COOK and JASON RYAN
    Aug. 20, 2008
    Indeed, I was under the mistaken assumption that the trial is taking place in Alaska. The jury demographics are now much more understandable. Thanks!

    Parent
    But the location is still a puzzle. (none / 0) (#29)
    by BrassTacks on Thu Oct 23, 2008 at 10:21:31 PM EST
    Didn't the crimes happen in Alaska?  Why a trial in DC?  

    Parent
    The crimes (none / 0) (#30)
    by TChris on Thu Oct 23, 2008 at 10:50:40 PM EST
    involve Stevens' alleged failure to disclose gifts.  Since the disclosure forms are filed in D.C., that's where the government commenced the prosecution. Stevens' request to change venue to Alaska was denied.

    Parent
    Don't tell me, let me guess, (none / 0) (#31)
    by BrassTacks on Fri Oct 24, 2008 at 09:17:56 PM EST
    A democratic judge in DC denied his request.  lol  

    Parent
    I read some tea leaves this morning (none / 0) (#1)
    by NMvoiceofreason on Thu Oct 23, 2008 at 11:56:58 AM EST
    and they predict the Stock Market is going down for awhile - maybe until after the election -yeah, that's it. That's what the leaves say.

    One of my first jury trials took a half day (none / 0) (#2)
    by scribe on Thu Oct 23, 2008 at 11:59:08 AM EST
    (it was a car accident case) and the jury went out shortly after lunch.  In civil cases in my state we sometimes use 6 jurors, and did in that case.

    They were so sharply divided, they were out for a day and a half.

    You could see the division during lunch in the courthouse cafeteria - four would be sitting at one table and two at another.

    In the courtroom during deliberations, you could hear them yelling at each other through the two heavy, closed doors.

    Seriously.

    They finally compromised their verdict just to go home.

    I've only been on one jury (none / 0) (#3)
    by hitchhiker on Thu Oct 23, 2008 at 12:16:52 PM EST
    and that was a federal tax fraud case with 9 defendants and hundreds of counts.

    The trial went on for 10 weeks, and deliberations for 2 more after that.

    It was very stressful ~ several jurors didn't even understand the case, and a couple did but wanted to make a statement about taxes in general by refusing to convict.  Those of us who did understand it had to go over the scheme about 50 times . . .  tears were shed, people were personally insulted, people shouted.  

    I had no idea!

    We made some very unhappy compromises, and the feds had to bring three of the defendants back and try them again.  They all pleaded guilty before that got too far.

    I don't envy the Stevens jurors; there's a lot riding on this and it must be strange to have to make such a judgment at such a time.

    Well, the jurors aren't just "stressed" (none / 0) (#10)
    by scribe on Thu Oct 23, 2008 at 01:20:50 PM EST
    Let me guess.. (none / 0) (#17)
    by TheRealFrank on Thu Oct 23, 2008 at 03:42:36 PM EST
    There's one juror who keeps ranting and raving about how this is all a liberal plot against a good patriot like Stevens.


    The defense, according (none / 0) (#23)
    by MKS on Thu Oct 23, 2008 at 04:39:13 PM EST
    to one of the reports, wanted to keep the disruptive juror.....So, I think you are right....

    Parent
    maybe, maybe not (none / 0) (#26)
    by txpublicdefender on Thu Oct 23, 2008 at 05:35:46 PM EST
    Well, the defense may not have particularly cared whether the "disruptive" juror stayed or was kicked, but if the state is asking that the juror be kicked, and the defense doesn't object to the juror being kicked, and the judge kicks him/her, then they have nothing to appeal on that issue.

    Parent
    Or he thinks this would (none / 0) (#27)
    by befuddledvoter on Thu Oct 23, 2008 at 06:26:33 PM EST
    be the one holdout so mistrial opportunity due to deadlock.

    Parent
    Yesterday... (none / 0) (#19)
    by CoralGables on Thu Oct 23, 2008 at 03:57:03 PM EST
    when the judge let 4 jurors go, he let them know they could be called back if a replacement was needed.

    From the Anchorage Daily News:
    "Sullivan dismissed the four alternate jurors, but admonished them to not talk about the case on the outside chance that they may be called back if something happens to one of the remaining 12."

    There was a chunk of today's open thread (none / 0) (#21)
    by scribe on Thu Oct 23, 2008 at 04:08:25 PM EST
    devoted to the violent, disruptive juror.

    Turns out, it appears the judge managed to work things out.  

    IMHO, if there is a mistrial because of the jury going nuts, that would vitiate all of Stevens' arguments about alleged Brady and discovery violations and allow a new trial with those allegations and evidence back in the case.  

    Can you fix a Brady violation (none / 0) (#24)
    by MKS on Thu Oct 23, 2008 at 04:42:51 PM EST
    in time for a new trial?  Avoid those nasty jury instructions the next time around?   Use the evidence?  

    Mistrial is not a good thing for the defense but if that is all they got...

    Parent

    In my view, since Brady requires that (none / 0) (#25)
    by scribe on Thu Oct 23, 2008 at 05:16:20 PM EST
    the discovery be provided a certain time prior to trial, if there is to be a new trial, then what took place at the first trial would be irrelevant and, more importantly, there would be sufficient time between the decision to grant a new trial and the actual new trial for any discovery to be timely provided.  Thus, it would moot all those issues.

    But that's only my opinion and it could be wrong.

    Parent