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Posted on 6/17/25 at 11:34 am to OweO
quote:
Outcome? I don't know. I would think not guilty but who knows what a jury will do
Posted on 6/17/25 at 11:36 am to Gris Gris
quote:There better be a demand for polling if this one is hung.
Court TV just said the other jurors on the first jury that they interviewed had a unanimous verdict of NG, but didn’t know how to fill out the verdict form. I’d heard the verdict form was a problem, but I had not heard there was a unanimous verdict of NG, but for the verdict form confusion.
Posted on 6/17/25 at 11:39 am to AlxTgr
quote:
There better be a demand for polling if this one is hung.
no polling for a hung jury
Posted on 6/17/25 at 11:40 am to IT_Dawg
I believe the judge can unilaterally do it if they choose. Could be wrong.
Posted on 6/17/25 at 11:40 am to IT_Dawg
quote:I don't think that is accurate.
no polling for a hung jury
Posted on 6/17/25 at 11:41 am to AlxTgr
How is it ok that essentially a typo dictates the rule and subsequent retrial? If everyone said not guilty but the form was wrong, is there no recourse to go back and re-record? Is there an award for worst luck in America, first framed by police and then a jury verdict misunderstanding costing years of her life. Madness from start to finish.
Posted on 6/17/25 at 11:44 am to Gris Gris
quote:
Court TV just said the other jurors on the first jury that they interviewed had a unanimous verdict of NG, but didn’t know how to fill out the verdict form
Trial 1 jury was unanimous on NG on 2nd degree murder but were hung on the lesser charges.
Bev never polled them after so in essence the Prosecution was able to charge her again on 2nd degree murder even though the jury was unanimous on it. Skirting the rules of Double Jeopardy. Just another reason added to why Bev is so crooked.
This post was edited on 6/17/25 at 11:45 am
Posted on 6/17/25 at 11:48 am to Saintsisit
quote:
why Bev is so crooked.
To keep it simple.. She sucks.
Posted on 6/17/25 at 11:51 am to AlxTgr
quote:
I don't think that is accurate.
i dont see a source that says they can poll hung jury in Mass
Posted on 6/17/25 at 12:01 pm to IT_Dawg
quote:
i dont see a source that says they can poll hung jury in Mass
Per Grok after some narrowing:
The authority for a judge to poll a jury in Massachusetts regarding a potential hung jury stems from the Massachusetts Rules of Criminal Procedure and common law practices, though no single statute explicitly mandates "polling for a hung jury."
Specifically: Massachusetts Rules of Criminal Procedure, Rule 27(d): This rule allows a judge to declare a mistrial if the jury fails to reach a unanimous verdict after "due deliberation." While it doesn't explicitly mention polling, judges have inherent authority to inquire into the jury's status to determine if they are deadlocked. Polling can be part of this inquiry to confirm whether further deliberation is futile.
Commonwealth v. Hebert (1979): Massachusetts case law, such as this case, supports a judge's discretion to question jurors about their inability to reach a verdict. The court may ask the foreperson or individual jurors whether they believe they can reach a consensus, ensuring no coercion occurs.
Trial Court Practices: The Massachusetts Trial Court Jury Management Advisory Committee guidelines note that judges may poll jurors to assess deadlock, often after receiving a communication from the jury indicating they are unable to agree. This is typically done in open court or through written questions to the foreperson.The process is also guided by the judge’s duty to ensure a fair trial under the Massachusetts Constitution and federal precedent, like Allen v. United States (1896), which allows inquiries into jury deliberations to avoid coercion while assessing deadlock.
Posted on 6/17/25 at 12:01 pm to IT_Dawg
quote:
i dont see a source that says they can poll hung jury in Mass
Per Grok after some narrowing:
The authority for a judge to poll a jury in Massachusetts regarding a potential hung jury stems from the Massachusetts Rules of Criminal Procedure and common law practices, though no single statute explicitly mandates "polling for a hung jury."
Specifically: Massachusetts Rules of Criminal Procedure, Rule 27(d): This rule allows a judge to declare a mistrial if the jury fails to reach a unanimous verdict after "due deliberation." While it doesn't explicitly mention polling, judges have inherent authority to inquire into the jury's status to determine if they are deadlocked. Polling can be part of this inquiry to confirm whether further deliberation is futile.
Commonwealth v. Hebert (1979): Massachusetts case law, such as this case, supports a judge's discretion to question jurors about their inability to reach a verdict. The court may ask the foreperson or individual jurors whether they believe they can reach a consensus, ensuring no coercion occurs.
Trial Court Practices: The Massachusetts Trial Court Jury Management Advisory Committee guidelines note that judges may poll jurors to assess deadlock, often after receiving a communication from the jury indicating they are unable to agree. This is typically done in open court or through written questions to the foreperson.The process is also guided by the judge’s duty to ensure a fair trial under the Massachusetts Constitution and federal precedent, like Allen v. United States (1896), which allows inquiries into jury deliberations to avoid coercion while assessing deadlock.
Posted on 6/17/25 at 12:11 pm to IT_Dawg
quote:The biggest problem with trial one was Bev declaring one before poling.
dont see a source that says they can poll hung jury in Mass
Posted on 6/17/25 at 12:17 pm to KosmoCramer
quote:
The court may ask the foreperson or individual jurors whether they believe they can reach a consensus, ensuring no coercion occurs
This makes it sound like they can ask individual jurors if they believe continued deliberations would lead to a verdict, not where each person currently sits on their vote
Posted on 6/17/25 at 12:19 pm to IT_Dawg
I think she can ask, are you deadlocked on all counts, and someone could say no if they believe they aren't, which allegedly is what happened last time. They thought if they weren't unanimous on every count that they couldn't provide a ruling on any counts.
This post was edited on 6/17/25 at 12:22 pm
Posted on 6/17/25 at 12:24 pm to KosmoCramer
So for the amended verdict slip, is there now a not guilty box next to each of the lessers?
Does that change their ability to be hung, on say OUI, but it’s still a full mistrial? Or can she legally be found not guilty on all the other charges, preventing retrial.
I thought someone posted that you must either find her NG of all, or guilty of 1 or more, otherwise the entire charge is mistrial. And that was the reason Bev kept the verdict slip the way it was after the first motion to change it.
Does that change their ability to be hung, on say OUI, but it’s still a full mistrial? Or can she legally be found not guilty on all the other charges, preventing retrial.
I thought someone posted that you must either find her NG of all, or guilty of 1 or more, otherwise the entire charge is mistrial. And that was the reason Bev kept the verdict slip the way it was after the first motion to change it.
Posted on 6/17/25 at 12:30 pm to IT_Dawg
quote:
So for the amended verdict slip, is there now a not guilty box next to each of the lessers?
No.
quote:
Does that change their ability to be hung, on say OUI, but it’s still a full mistrial?
They can be hung on OUI and still make factual determinations on everything else, it would then become a OUI retrial.
quote:
Or can she legally be found not guilty on all the other charges, preventing retrial.
Yes, she can be found not guilty on everything if they agree.
quote:
I thought someone posted that you must either find her NG of all, or guilty of 1 or more, otherwise the entire charge is mistrial.
That's inaccurate.
quote:
And that was the reason Bev kept the verdict slip the way it was after the first motion to change it.
The grounds Bev used to keep the verdict slip is that it is precedent in the CW to use that format. But this is now two juries confused by it.
This post was edited on 6/17/25 at 12:31 pm
Posted on 6/17/25 at 12:31 pm to KosmoCramer
Someone in the comments just said Karen & her parents have returned to the courthouse.
Posted on 6/17/25 at 12:31 pm to KosmoCramer
quote:
So for the amended verdict slip, is there now a not guilty box next to each of the lessers?
No.
So what the hell did she amend to make it more clear
Posted on 6/17/25 at 12:32 pm to OweO
Lunch ends at 130. Bev said she will see them at 130 I believe.
Page 131 of 159
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