03-04-2015, 02:08 PM
The tweets were confusing so this article helped me to understand what happened in the courtroom yesterday:
Legally Speaking: Deadlocked Jodi Arias jury forces judge to read impasse instruction
by Monica Lindstrom
Tuesday afternoon, Judge Sherry Stephens read the Jodi Arias jury a modified impasse instruction and sent them back into the deliberation room to keep working. This clearly meant that, at that time, the second Arias jury was deadlocked.
Shortly before lunch we learned the jury had submitted two questions to the court.
Judge Stephens indicated they were complex and the answer to the questions would take time. That, coupled with the fact the jury had already asked for an exhibit list, led me to believe the jury wanted to see more evidence from the first trial or hear more testimony.
So imagine my surprise when, after lunch, Judge Stephens actually unlocked the doors and announced to a full courtroom she was proposing to read a modified impasse instruction. Although I knew this would come eventually, I wasn't expecting it in response to a jury question.
Judge Stephens didn't read what questions five and six were so we won't know until after the decision is made what was asked. All we know is that whatever the jury wrote on those slips of paper led the judge to encourage them to continue to deliberate.
Deciding to give an impasse instruction is very important and significant and isn't something to be done on a whim. Relevant case law cautions a judge about giving the instruction because giving an impasse instruction prematurely could be considered a form of coercion.
Kirk Nurmi, Arias' lead defense attorney, objected to the reading of the impasse instruction indicating that it was clear the jury was deadlocked so a mistrial should be declared. The prosecutor, Juan Martinez, had no objection and had little to say. Judge Stephens overruled Nurmi's objection, brought the jury into the courtroom and read the instruction to them.
http://ktar.com/305/1812684/Legally-Speaking-Deadlocked-Jodi-Arias-jury-forces-judge-to-read-impasse-instruction
Legally Speaking: Deadlocked Jodi Arias jury forces judge to read impasse instruction
by Monica Lindstrom
Tuesday afternoon, Judge Sherry Stephens read the Jodi Arias jury a modified impasse instruction and sent them back into the deliberation room to keep working. This clearly meant that, at that time, the second Arias jury was deadlocked.
Shortly before lunch we learned the jury had submitted two questions to the court.
Judge Stephens indicated they were complex and the answer to the questions would take time. That, coupled with the fact the jury had already asked for an exhibit list, led me to believe the jury wanted to see more evidence from the first trial or hear more testimony.
So imagine my surprise when, after lunch, Judge Stephens actually unlocked the doors and announced to a full courtroom she was proposing to read a modified impasse instruction. Although I knew this would come eventually, I wasn't expecting it in response to a jury question.
Judge Stephens didn't read what questions five and six were so we won't know until after the decision is made what was asked. All we know is that whatever the jury wrote on those slips of paper led the judge to encourage them to continue to deliberate.
Deciding to give an impasse instruction is very important and significant and isn't something to be done on a whim. Relevant case law cautions a judge about giving the instruction because giving an impasse instruction prematurely could be considered a form of coercion.
Kirk Nurmi, Arias' lead defense attorney, objected to the reading of the impasse instruction indicating that it was clear the jury was deadlocked so a mistrial should be declared. The prosecutor, Juan Martinez, had no objection and had little to say. Judge Stephens overruled Nurmi's objection, brought the jury into the courtroom and read the instruction to them.
http://ktar.com/305/1812684/Legally-Speaking-Deadlocked-Jodi-Arias-jury-forces-judge-to-read-impasse-instruction