 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Commonwealth v. Ogrod12/30/2003
Walter Ogrod (Appellant) appeals his convictions at his second trial for murder in the first degree, and attempted involuntary deviate sexual intercourse, as well as the imposition of the penalty of death by the Court of Common Pleas of Philadelphia County (trial court) for the July 12, 1988 sexual assault and killing of four-year-old Barbara Jean Horn (Barbara Jean). Our review of the conviction and sentence begins with a brief discussion of the October 1993 first trial of Appellant and the circumstances pursuant to which the trial court declared a mistrial. We then set forth the facts of the case as presented by the witnesses at the second trial in 1996. With that groundwork in place, we proceed to address the claims of error of Appellant.
Mistrial and Denial of Appellant's Double Jeopardy Claim
Judge Juanita Kidd Stout (Judge Stout) was the presiding judge of the first trial. Jury selection began on October 15, 1993. The trial itself took eight and a half days. Judge Stout charged the jury on November 2, 1993. After less than nine hours of deliberations, the jurors indicated to Judge Stout that they were deadlocked. Judge Stout instructed the jurors on their duty to consult with one another and to re-examine their opinions if convinced they were erroneous. Jury deliberations resumed. Once the jury left the courtroom, defense counsel requested a mistrial, which the judge denied: "not at this point. . . . It is not proper under the law to grant a mistrial at this point." N.T. 11/3/93 at 1125-1126. However, eventually the jury was unable to reach a unanimous verdict and the trial court declared a mistrial.
The trial court described the events leading to the mistrial as follows:
On November 1993 at 2:55 p.m., the jury sent a note to the Court indicating it was unable to reach a unanimous verdict. The Court advised the jury that it had been deliberating only 8 1/2 hours after having heard testimony for 8 1/2 days. The guidelines for deliberations were reread to them and the deliberations resumed at 2:59 p.m. The Appellant's attorney moved for a mistrial. The motion was denied. The jury continued to deliberate until 5 p.m. or thereabouts. On November [4 ], 1993 at 10:35 a.m., the jury requested a review of the definition of reasonable doubt. That was given at 10:45 a.m. and the jury returned to deliberate. Between 10:45 a.m. and 2:15 p.m., screaming and table banging were audible in the hallway.
At 2:15 p.m., on one sheet of paper, the Court received the following two notes[:]
"Hon. Juanita K. Stout Court number 513 11/3/93. It has become apparent from the deliberations that the jury has been unable to reach a unanimous decision. Vote 11-1 respectfully submitted Charles Graham. Foreman."
"It has been said that there is NOTHING that can be said to convince or change the mind of the juror who does not agree. The juror has stated this and a unanimous verdict is not possible Charles T. Graham, Foreman."
The Court requested the Sheriff to bring the defendant to the Courtroom and notified counsel to return. During this brief interval, the jury foreman advised the Court crier that a verdict had been reached after all. The crier then advised the jury of the procedure for announcing the verdict and told the jurors that they might be polled.
After the defendant and attorneys had assembled, the jury was brought into the courtroom at 2:25 p.m. At that time, the following occurred:
COURT CRIER: Good Afternoon, your Honor, your Honor may I take the verdict, please?
THE COURT: You may.
COURT CRIER: Ladies and Gentlemen of the Jury, you have agreed upon a
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Pennsylvania DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|