Toddler Murder Deliberations Rocked by ‘Combative’ Juror

[00:00:00] Speaker 1: Okay, the note says, we have one juror who says she isn't open to discussion, who is combative to the room. What do we do here? She said she will not change her mind in a million years. Please advise. So, the issue for the court is a juror should never surrender an honest opinion, but a juror does have to participate in deliberations. So, my suggestion at this point is that we allantarge them because that talks about the, you know, you have to listen to each other. Let me pull that and look at the pattern. Because we have to be very careful with investigating which it is, that a juror has a belief based on the evidence that they're unwilling to surrender, which the system is set up for, or whether a juror is just refusing to deliver. Judge, I would go to the court, I don't think we've got far enough yet. I think [00:01:43] Speaker 2: it's probably too early to do an allant charge. Well, okay, go ahead. I would suggest that we [00:01:49] Speaker 3: come back Friday morning and give them some more time to deliberate, and then after a period [00:01:53] Speaker 2: of time that the court deems appropriate, if the stance is still that way, then do the allant [00:02:05] Speaker 1: charge. Well, I think it's not so much the first paragraph of the allant charge, but the second part that says, each juror should listen to the arguments of the other jurors with a disposition to be convinced by them. If the members of the jury differ in their view of the evidence, that difference of opinion should cause them all to scrutinize the evidence more closely, reexamine the grounds of their opinion. Your duty is to decide the issues that have been submitted to you. If you can conscientiously do so. In conferring, you should lay aside pride of your opinion. Bear in mind that a jury room is no place for taking up and maintaining, in the spirit of controversy, either side or cause. You should bear in mind at all times that as jurors you should not be advocates for either side. You should keep in mind the truth as it appears in the evidence examined in light of the instruction of the court. I would encourage you to continue this case. I mean, because just sending them home is not going to change the dynamic. I don't know that the dynamic should change. I don't know what. Because combative is one thing, never surrendering an opinion in a million years is a different one from a legal standpoint. And so, and the court has to be very careful in invading the province of the jury. However, I'm talking myself around into what I think is the appropriate thing. It is late. Everybody's tired. I think I'm going to send them home, tell them to come on back Friday morning at 9:00. I think that, and I may, and then we'll, I'm open to thoughts on whether I should address, I mean, if I need to address this at all or just send them home today. [00:04:17] Speaker 2: I'm going to bring them back Friday morning. [00:04:22] Speaker 1: Mr. Drew? [00:04:23] Speaker 2: I would think so also. [00:04:24] Speaker 1: All right. If that's what y'all think. Bring them in for me, Mr. Douglas. [00:04:28] Speaker 2: Do you want to call them? [00:04:29] Speaker 1: Yeah, because we may need them. [00:04:47] Speaker ?: If I didn't make one comment, Judge, when you send them home, the media coverage is in everywhere. Yeah. I will remind you. Yeah. I'll remind you. Yeah. I'll remind you. Yeah. I'll remind you. All of you. Yeah. I'll remind you. Yeah. I'll remind you. I'll remind you. Yeah. I'll remind you. Yeah. I'll remind you. Yeah. I'll remind you. Yeah. I'll remind you. Yeah. I'll remind you. Yeah. I'll remind you. [00:05:32] Speaker 1: Thank you. Ladies and gentlemen, it's been a long day. We're going to stop here for tonight. Unfortunately, I have somewhere to be tomorrow that is not here that I cannot get out of. So we're going to reconvene Friday morning at 9 o'clock. Now, you can go on any computer and watch this whole trial again. I need you to understand. You cannot do that. Don't look at MSE. Don't look at Court TV. Don't look at Fox. Don't look at WGSA. None of them. That is improper and it will affect the ability of this court to finish this case. Don't talk about the case with anybody over the weekend or overnight. Just try to put it in a box until Friday morning. Okay. Don't do any independent research. Don't go looking stuff up. All of that is improper. Okay. So you're just going to shell it for tonight. I will see you back here Friday morning. Let's aim for y'all coming in at 845. If all 12 of you are in the room, you can start deliberating. As you're coming in in the morning, if there are five of you and that's all, you cannot talk about the case until all 12 of you are present. Okay? All right. Leave your notepads in your chairs or in the jury room on your way out and I will see you back here at 845 Friday morning. Okay? Thank you ladies and gentlemen. For the record, I believe that is She maintained she's being harassed by a poor person about her vote. So I'm assuming. So we're gonna send everybody home, let everybody cool off. And then y'all be prepared to discuss what is the appropriate remedy on Thursday. And what, if any, investigation the court can properly engage in. [00:09:22] Speaker 2: Judge, for that reason I would want to make sure that the alternates are here on Friday. [00:09:28] Speaker 3: Yep, they will leave. I have instructed them to come back with the rest. Anything else for the record? [00:09:43] Speaker 2: Not from the sick. Nothing from us, Your Honor. [00:09:47] Speaker 1: All right. Friday morning, y'all. We'll stand and recess. Thank you, Your Honor.