https://www.usatoday.com/story/life/people/2017/06/15/bill-cosby-trial-day-9-anxiety-outside-jury-room-both-sides-wait/102877226/

Of course, we don’t know what’s going on inside the locked room where the jurors are deliberating the fate of Bill Cosby, but I can offer a few ideas from my own experience with juries over the years.

1.  In a criminal case, there must be a unanimous verdict—meaning all twelve people must agree on guilty or not guilty.  It could be that the jury here can’t reach the total number.  Maybe 3,4, or more people disagree and won’t change their positions.
2. Bill Cosby was charged with several counts.  It could be the jury has a unanimous decision about one or two of the counts, but can’t reach a decision on another count.  (Each “count” is either a separate accusation against a separate victim, or could be an accusation against one victim but at different levels of seriousness.  For instance, one count could be against one victim for unlawful touching, while the next count could be against the same victim but for unlawful sexual penetration—a different action that also carries different penalties)
3. The jury may be weighing the believability of the victim’s testimony—as they have repeatedly asked the judge to read portions of testimony from the trial.  The standard they must use is “proof beyond a reasonable doubt.”  They may be questioning the quality of proof to decide if it rises to a level beyond a reasonable doubt.
4. Juries are instructed not to take into account their emotional responses to either the accused or the victims—but this is often impossible.  Maybe, some of the jurors feel sorry for Bill Cosby and are hesitant to find him guilty of everything he’s accused of doing.

In any event, what does this mean for both Bill Cosby and the alleged victims?  In my experience, if the jury is unable to come to a decision after all this time, chances are that more time in a locked room, isn’t going to change their minds. The judge should rule the case is a “mistrial.”  It means no decision was reached by the jury and it is dismissed.  That doesn’t mean Bill Cosby is out of the woods.  The prosecutor may re-charge the case and start another trial with a new jury.

I’ve experienced this and I can tell you—that’s tough and expensive for both sides.  Everyone would like to see this jury reach a decision.

The post What’s Wrong with the Bill Cosby Jury? appeared first on Colin T. Nelson.

In 2012, police arrested Pedro Hernandez after he confessed to his brother-in-law about killing Etan Patz.  In fact, Hernandez confessed to many people, over the years, that he had killed someone.  He told the police the details of how he lured Etan into a store with an offer of candy and a pop and then how Hernandez strangled the boy in the basement of the store.

The Manhattan District Attorney charged Hernandez with murder and kidnapping.  After 18 days of deliberation, the jury told the judge they couldn’t reach a unanimous verdict.  The judge dismissed the case.  See article in New York Times:  http://www.nytimes.com/2015/05/10/nyregion/in-the-jury-room-18-days-of-debate-and-disagreement-end-in-a-frustrating-mistrial.html?_r=0

So, a man confesses (many times) to a murder and can’t be convicted—how can this happen?

Here are five reason why:

1.  The passage of so much time.  All evidence (except DNA) deteriorates over time.  This case was 35 years old—making it harder to prove.

2.  The prosecutors didn’t have any other evidence of Etan Patz’s killing: no DNA, fingerprints, or any physical evidence linking Hernandez to the killing.

3.  The defense lawyer told the jury the confessions weren’t reliable or, maybe even truthful.  Hernandez confessed so many times it showed that he was mentally ill and had a low IQ.

4.  In spite of the mental illness, the police questioned Hernandez for 7 hours until he confessed to them about the details of the killing of Etan Patz.

5.  The question for the jury wasn’t “what’s the truth?”  Instead, they had to decide if the prosecutor had provided them with enough evidence to prove beyond a reasonable doubt that Hernandez was guilty of murdering Etan Patz.  All 12 jurors had to agree before there could be a conviction.  In this case, they were unable to reach that unanimous verdict.

But here’s my concern:  even though Pedro Hernandez walked away from the Etan Patz murder case, what if his confessions about “killing someone” that he made to family and church members are true?  Who and what is he talking about?  And if true, will he ever be brought to justice??

The post Man Confesses to Murdering Etan Patz—Not Convicted! appeared first on Colin T. Nelson.