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People v. Clavano9/8/2005
til November 3 due to a death in a juror's family. The trial proceeded on November 3 through November 6, and closing arguments were given on November 10.
Deliberations began on November 12. On that day, the jury was together for a total of six hours, and during this time requested readbacks of the testimony of Cardenaz, Griffin, and Burks. On November 13, the jury deliberated for a total of 4 hours 45 minutes, with a readback of criminalist Heward's testimony. The jury then recessed for six days and reconvened on November 19. That morning, they deliberated for only 2 hours 45 minutes, with another readback of testimony which lasted nearly one hour. That afternoon, at 1:57 p.m., the jury announced that they were unable to reach a verdict. By this time, the jury had deliberated 13.5 hours on three days between November 10 and 19, including time taken for readbacks and questions to the court.
After the jury announced that it was unable to reach a verdict, the following colloquy occurred:
"THE COURT: All right. [Juror No. 6], I have been informed that you are split and cannot arrive at a verdict. Is that correct?
"JUROR NO. 6: That is correct, sir.
"THE COURT: And that is as to both defendants?
"JUROR NO. 6: To both.
"THE COURT: And do you feel -- do any of you feel that any further deliberations would assist you in arriving at a verdict in this case? Anybody?
"JUROR NO. 6: No. The last one -- that's what I gathered from everybody's opinion.
"THE COURT: Is that correct?
"THE JURY (COLLECTIVELY): Yes.
"THE COURT: This is -- gosh, I can't even read my own writing.
"Juror Number 1, is that your opinion?
"JUROR NO. 7: Me, one? Me? Yes.
"THE COURT: No. Behind you.
"JUROR NO. 1: Yeah. I -- well, I'm undecided. I think if we were to pay a little more attention to the law, exactly the way the law --
"THE COURT: Well, the instructions have -- the instructions that you have been furnished describe and explain the law that applies to this case.
"Everybody understand that?
"You're not to consider anything else, just the facts as you determine to be from the evidence you heard and apply the law.
"Do you feel that any further deliberations on the part -- on your part would assist you in arriving at a verdict?
"JUROR NO. 1: Would assist me personally?
"THE COURT: Yes.
"JUROR NO. 1: No. I --
"THE COURT: You think you're hung; you cannot arrive at a verdict?
"JUROR NO. 1: I arrived at one, yeah, I myself.
"THE COURT: That's really not fair of my question to you by virtue of the fact -- how are you split? Give me the numbers.
"JUROR NO. 6: Eight to four.
"THE COURT: Eight to four. All right. How? How are you split?
"JUROR NO. 6: Eight for guilty and four for not guilty.
"THE COURT: And that's as to both defendants?
"JUROR NO. 6: Both.
"THE COURT: Does anybody here feel that any further deliberations would assist you in arriving at a verdict in this case? Anybody?
"JUROR NO. 6: Not as far as I'm concerned.
"THE COURT: Do you agree?
"JUROR NO. 1: Yes.
"JUROR NO. 2: I think we're stuck.
"JUROR NO. 3: Yes.
"JUROR NO. 4: We've been stuck since day one.
"THE COURT: Is that right?
"JUROR NO. 5: Yeah. We can't come up with the same -- the same conclusion.
"THE COURT: Okay
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