Hang 10!
As you may have read or learned, the jury ultimately hung. However, there are several bright spots. First, the vote was 10-2 for acquittal (annoying registration required), not a bad day in anyone's book, particularly when the client makes a statement. Second, it looks like the jury had real questions about the prosecution's theory and witnesses.
At the close of the State's case, I made the standard motion for judgment of acquittal, which was taken under advisement. After the jury announced that it was deadlocked, the court started to set a status hearing. I asked to be heard, intending to raise the outstanding MJOA, but the court said that she would let me speak in a moment. She set a hearing and then raised the MJOA herself, asking that I brief my motion with time for the prosecutor to reply. I have never had, nor have I ever heard of, a judge asking for briefing on an outstanding MJOA. While I obviously do not know if she will grant it, that is certainly not a bad sign.
We started this case with people literally across the world reviling my client and we came to this trial and showed that the State was wrong. I cannot consider this anything but a win and I will try it again and again and again and again if necessary.
On other notes, I must confess to having blatantly plagiarized the phrase 'lying sack of snitch' from Jodie English, both from NCDC and other CLEs I have attended. I also have to thank Louis Menendez and Jack McGee, two lawyers in Juneau, and also Tres Lewis, my investigator, for all of their help. Thanks for all of your encouragement and comments.
Congrats!
Posted by: V | February 15, 2006 at 12:17 PM
Congrats again!
Posted by: Blonde Justice | February 15, 2006 at 04:46 PM
Congrats!
Posted by: Melissa | February 15, 2006 at 05:48 PM
You did a great job! 10-2 for acquittal is a fantastic result.
Here's hoping that Judge Collins gives a hard look at the MJOA. You've got a great shot, particularly on 1st. If the judge takes 1st and 2nd degree murder away due to a lack of evidence, maybe the state will offer time served for manslaughter before any retrial?
Posted by: AC | February 15, 2006 at 07:34 PM
We're all clamoring for a copy of your closing argument.
I've been known to steal a phrase or two from NCDC myself!
Congratulations.
Posted by: notguilty | February 16, 2006 at 03:03 AM
Won't a manslaughter conviction still destroy her life?
I mean I'm all for her not going to jail (since she didn't do the crime), but conviction on any count means a life sentence
It just doesn't seem fair, but as you probably can tell, I'm pretty much not affiliated with the legal industry in any way (this is the closest I've come to an encounter with a lawyer).
Posted by: Steve | February 16, 2006 at 06:19 AM
This is great. Congrats again! Good luck w/ your motion hearing.
Posted by: Frolics and Detours | February 16, 2006 at 06:32 AM
Congratulations! I read about the case on the Court TV website, but had completely forgotten that it was your case. Good luck with your MJOA.
Posted by: txpublicdefender | February 17, 2006 at 01:21 PM
Congratulations, and "lying sack of snitch" is an inspired phrase, wherever you stole it from!
Posted by: Scott Henson | February 21, 2006 at 08:04 AM
A belated congratulations.
Posted by: LAlawyer | March 03, 2006 at 12:04 PM
Just saw the news that the indictment has been thrown out. It's an incredible development! Why didn't the judge do this before the trial?
Posted by: Alaskan Law Student | March 07, 2006 at 01:59 PM
Is your brief online somewhere?
Posted by: anon | March 07, 2006 at 05:07 PM