Legal Commentary

Stevens Jury Stressed

By TChris

Second update: The jury retired early again, citing exhaustion. The jurors seem to have resolved the chaos that interrupted deliberations earlier today. They will return tomorrow to continue working toward a verdict.

Bump and update: After a "stressful" day one of jury deliberations in Ted Stevens' trial, day two is being described as "chaotic." At least one juror is described as having violent outbursts; some jurors are asking the court to send that juror home.

The request is problematic. Is the juror refusing to deliberate in good faith (which might be grounds for excusing the juror) or simply stating opinions forcefully? If the juror is excused, is it too late to get an alternate on board, or have the alternates been contaminated by reading or viewing news coverage? A mistrial or hung jury may be coming, but it's still a bit early to make that prediction.

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The jury deciding Ted Stevens' fate (and perhaps the outcome of his reelection bid) resumes deliberations today. The jury retired a bit early yesterday after advising the judge in a note that jurors needed "a minute of clarity" because deliberations had become "kind of stressful."

If deliberations became stressful after less than a full day, it seems probable that at least some jurors have sharply divergent opinions about Stevens' guilt. That could lead to a compromise verdict (guilty on some counts, not guilty on others) or to a hung jury. But it's anybody's guess. Trying to divine a jury's collective thinking from the notes it sends to the judge is about as useful as trying to predict the stock market by reading tea leaves.

The Washington Post offers brief highlights of the evidence presented by the prosecution and defense (while ignoring one of the real highlights: how badly the government bungled its obligation to turn over evidence to Stevens). The Anchorage Daily News has this helpful trial summary and tells us that, after alternates were released from the jury, the twelve remaining jurors consist of 8 women and 4 men, 10 African Americans, 1 white, and 1 Hispanic.

Full post as published by TalkLeft on October 23, 2008 (boomark / email).