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(Gawker)   Man mistakenly freed by jury gets stabbed to death hours later. Whew, dodged a bullet there   (gawker.com) divider line 55
    More: Strange, California Man, Fresno Bee, jury duty, retrials, deadlocked jury, guilty verdicts  
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6106 clicks; posted to Main » on 12 Jun 2014 at 10:47 PM (32 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



55 Comments   (+0 »)
   
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2014-06-12 08:11:11 PM  
Heh, I want to know what that lawyer's FARK handle is considering TFD when the kids get out of school. "June jury," fricken comedy gold.
 
2014-06-12 10:18:23 PM  
Freed man dies a free man.
 
2014-06-12 10:48:53 PM  
Dexter?
 
2014-06-12 10:50:26 PM  
i291.photobucket.com

You're in the wrong line, dumbass!
 
2014-06-12 10:51:15 PM  

CipollinaFan: Dexter?


Remember the code. Stabby? No. Kneecapping, definitely.
 
2014-06-12 10:51:54 PM  
How the hell were they able to give a wrong verdict? I know jurors aren't usually the brightest bulbs in the box but surely there was a bailiff or somebody they could have asked for help.
 
2014-06-12 10:52:13 PM  
Well that didn't last long.  Dude would have been safer in prison...think about that one for a minute.
 
2014-06-12 10:52:45 PM  
"I call it a June jury," defense attorney Linden Lindahl told the Bee, referring to the fact that many of the jurors appeared to be young college students who put off their jury service until the summer. "I guess they see things differently than our normal jurors."

You know... morons.
 
2014-06-12 10:56:04 PM  
how do you "put off" jury duty?
 
2014-06-12 10:56:50 PM  
See, the problem took care of itself
 
2014-06-12 10:57:16 PM  
FTA :

"I call it a June jury," defense attorney Linden Lindahl told the Bee, referring to the fact that many of the jurors appeared to be young college students who put off their jury service until the summer. "I guess they see things differently than our normal jurors."

Lindahl added that he was surprised at the confusion, because Judge Hamlin's jury instructions had been "by the book."



Besides his name, you can tell this guy is of Scandinavian descent.

Nobody does passive-aggressive better.
 
2014-06-12 10:58:36 PM  
Would have been better if he was making New Hampshire license plates before he got . . . got.
 
2014-06-12 10:58:42 PM  
Remanded to a higher authority
 
2014-06-12 11:00:03 PM  
Subby, he was up for burglary.  I don't know what they do in your backwoods hellhole, but most places do not consider that a capital crime.

CRtwenty: How the hell were they able to give a wrong verdict? I know jurors aren't usually the brightest bulbs in the box but surely there was a bailiff or somebody they could have asked for help.


  They gave back the wrong form.  The forms for declaring the verdict are not necessarily the most clear documents ever created.  They are not "Do you love me; Check Yes or No", but a lot of legalese verbiage. NCSB: I may have signed the wrong line on a grand jury form once; having a judge alternate between berating me and trying not to burst something from laughing at my incompetence is not one of my life's shining moments...
 
2014-06-12 11:03:10 PM  
I love a story with a happy ending.
 
2014-06-12 11:05:57 PM  

kvinesknows: how do you "put off" jury duty?


It's easy actually.  If you've got a reason you can't serve right now, they'll let you serve some months down the road.

Just don't try for a deferral twice.

/Been on jury duty 4 times.
//Damn there are some people who file really stupid lawsuits.
///Almost got on a murder trial once, but had to defer it so I ended up foreman on a fender bender in the Target parking lot some months later.
 
2014-06-12 11:05:59 PM  

CRtwenty: How the hell were they able to give a wrong verdict? I know jurors aren't usually the brightest bulbs in the box but surely there was a bailiff or somebody they could have asked for help.


pdxretro.com

I'll help!
 
2014-06-12 11:06:46 PM  

phalamir: Subby, he was up for burglary.  I don't know what they do in your backwoods hellhole, but most places do not consider that a capital crime.


Well, sure, but did you see what they did to everyone on the jury after their mistake:

They were hung, with only 8 jurors voting guilty

Seems a bit harsh to me.


hanged/hung, whatever....
 
2014-06-12 11:08:15 PM  
Vote not no on proposition guilty!
 
2014-06-12 11:08:32 PM  
Is there still a Law and Order to rip this from the headlines?
 
2014-06-12 11:08:48 PM  
So what were they supposed to fill out for a hung jury?
 
2014-06-12 11:09:26 PM  

kvinesknows: how do you "put off" jury duty?


Every time I or my friends have been called up, they always given the option for a postponement.  Basically, they figure they need X people to show up to impanel a jury.  But some people don't show at all, so the actual number is X+Y, where Y is the avarage number of no-shows.  But they send out X+Y+Z to account for people who have moved, or died, or are preggers.  As long as they didn't have Z rejections come in before you called, you could postpone for 3 months.  But you were going to be on that next set of summons, and you were going to get put on the jury unless the defendant was your brother or daughter (and even then you were better than 50-50 to get on).  I had grad school buddies - and do have professor buddies - who kick the can down the road if the summons is in the Spring semester just because they know they will have free time come summer. I once sat on a grand jury while teaching one semester.  My students enjoyed the biweekly classes off, but it was a bear for me to play catch-up each time; I would definitely postpone if it happened again.
 
2014-06-12 11:12:53 PM  

cretinbob: See, the problem took care of itself


Wish we had more information about the sisters boyfriend. We might have just dodged a bullet.
 
2014-06-12 11:13:09 PM  
Meh, he was a lowlife. This was local news, and some people had a fit about it (including one woman who said Mexicans who can't speak English should be sent back, not allowed on juries! when no hispanics were involved here...). I argued that while not ideal, the verdict rendered was not that bad overall, since the prosecution had failed to make their case anyway, managing to not convince 1/3 of the jury at all. A retrial probably wouldn't go much better if their evidence was that flimsy.

Then he went and got himself stabbed by another lowlife, and I'll not shed a tear for either.
 
2014-06-12 11:17:18 PM  
In before "Hurf durf ban knives! Checkmate, gun grabbers! I'm off to Chipotle with my penis extender!!"

/Dittyboop's Law is now in effect
 
2014-06-12 11:18:58 PM  

ongbok: So what were they supposed to fill out for a hung jury?


/giggity
 
2014-06-12 11:20:45 PM  

AspectRatio: In before "Hurf durf ban knives! Checkmate, gun grabbers! I'm off to Chipotle with my penis extender!!"

/Dittyboop's Law is now in effect


Well that was stupid.
 
2014-06-12 11:22:27 PM  

AspectRatio: In before "Hurf durf ban knives! Checkmate, gun grabbers! I'm off to Chipotle with my penis extender!!"


I find it interesting that your first thought was "This is a gun argument", followed by "Penis".

Or was it the other way around?  You can tell us.
 
2014-06-12 11:24:05 PM  
I think he would have settled for the 10,000 spoons.
 
2014-06-12 11:27:18 PM  

foxyshadis: Meh, he was a lowlife. This was local news, and some people had a fit about it (including one woman who said Mexicans who can't speak English should be sent back, not allowed on juries! when no hispanics were involved here...). I argued that while not ideal, the verdict rendered was not that bad overall, since the prosecution had failed to make their case anyway, managing to not convince 1/3 of the jury at all. A retrial probably wouldn't go much better if their evidence was that flimsy.

Then he went and got himself stabbed by another lowlife, and I'll not shed a tear for either.


Yeah I kind of feel the same way. No big loss. Maybe stabbed to death seems a bit of a harsh way for life to correct an accidental not guilty verdict for a burglar, but I really hate thieves. So to me it kind of simply equalled out as it should.
 
2014-06-12 11:32:08 PM  
Can we ask for a trifecta on this one?
 
2014-06-12 11:40:28 PM  

foxyshadis: Meh, he was a lowlife. This was local news, and some people had a fit about it (including one woman who said Mexicans who can't speak English should be sent back, not allowed on juries! when no hispanics were involved here...). I argued that while not ideal, the verdict rendered was not that bad overall, since the prosecution had failed to make their case anyway, managing to not convince 1/3 of the jury at all. A retrial probably wouldn't go much better if their evidence was that flimsy.

Then he went and got himself stabbed by another lowlife, and I'll not shed a tear for either.


Well thank god you did your part and told a local there were no Hispanics on the jury. Thank you!
 
2014-06-12 11:42:47 PM  

The Beatings Will Continue Until Morale Improves: I think he would have settled for the 10,000 spoons.


Honestly, I'd rather have one knife than 10,000 spoons to worry about.
 
2014-06-12 11:46:16 PM  
First poor black man in the history of the US to get out on an error in his favor? They had to kill him before word spread.
 
2014-06-12 11:55:57 PM  

The Beatings Will Continue Until Morale Improves: I think he would have settled for the 10,000 spoons.


Beats being thrown into the hell where people are skinned alive.
 
2014-06-13 12:15:10 AM  
He wasn't really mistakenly freed, he was mistakenly acquitted. The jury was hung, so even had they done everything properly, he likely still would have gone free (and presumably been stabbed).
 
2014-06-13 12:20:06 AM  

kxs401: He wasn't really mistakenly freed, he was mistakenly acquitted. The jury was hung, so even had they done everything properly, he likely still would have gone free (and presumably been stabbed).


Assuming he wasn't out on bail already, in the case of a mistrial, can the police just re-arrest the defendant right in the court room and bring the charges again?
 
2014-06-13 12:21:39 AM  

CRtwenty: How the hell were they able to give a wrong verdict? I know jurors aren't usually the brightest bulbs in the box but surely there was a bailiff or somebody they could have asked for help.


Yeah, you'd think at some point the judge would ask, "Jury, you have ruled this man not guilty.  Are you cereal?  No backsies, no do overs."
 
2014-06-13 12:24:28 AM  
I don't remember the forms being that complicated when I was on a jury, but we weren't a hung jury either -- who knows what they were thinking (well, except "Maybe we should ask the bailiff"; they obviously weren't thinking that). As for his ultimate fate, that's one of those things that makes you wonder if his number was just up regardless of what happened. (For some reason, I'm thinking of those old Choose Your Own Adventure books where you'd choose what looked like the obviously better choice and then the sadistic author would have you get hit by a car as you crossed the street, The End).
 
2014-06-13 12:29:32 AM  

kvinesknows: how do you "put off" jury duty?


Makes me wonder if I was ever supposed to be on jury duty.

I just throw my mail in a pile. Sometimes I open it. Sometimes I get sick of the pile and throw it out. It's 99% junk anyway.

Got berated once for not reading a Christmas card until 3 mos after the next Christmas...

/I was an early adopter of electronic means for all payments and stuff.
//I figure if you don't know one of my email addresses
///Or you don't know my Phone #
////Well, then, it must not be that important.
 
2014-06-13 01:08:55 AM  

ongbok: So what were they supposed to fill out for a hung jury?


Banana hammocks.
 
2014-06-13 01:33:13 AM  

Danger Avoid Death: ongbok: So what were they supposed to fill out for a hung jury?

Banana hammocks.


www.radiumlabs.com
 
2014-06-13 01:40:16 AM  
Initially I was thinking "Oh good, we saved some tax $$" but then I realized that the stabber probably got arrested (not well reported) and then HE'LL be in prison using up the tax $$...
Kind of even steven?
 
2014-06-13 02:02:13 AM  

TuteTibiImperes: Assuming he wasn't out on bail already, in the case of a mistrial, can the police just re-arrest the defendant right in the court room and bring the charges again?


Assuming he was in jail already awaiting trial because he could not make bail, then the mistrial would not necessarily affect his position.  The prosecution has a right to a unanimous verdict one way or the other and can continue holding him in jail with a bail condition until they get their verdict.   Of course the judge can alter the bail conditions based on his own beliefs in the sufficiency of evidence and likelihood of the charged of committing more crimes while awaiting trial.

He wouldn't need to be re-arrested.  A mistrial is not the same thing as not-guilty.

/I know.  I have my GED in internet law.
 
2014-06-13 02:02:46 AM  

phalamir: Subby, he was up for burglary.  I don't know what they do in your backwoods hellhole, but most places do not consider that a capital crime.

CRtwenty: How the hell were they able to give a wrong verdict? I know jurors aren't usually the brightest bulbs in the box but surely there was a bailiff or somebody they could have asked for help.

  They gave back the wrong form.  The forms for declaring the verdict are not necessarily the most clear documents ever created.  They are not "Do you love me; Check Yes or No", but a lot of legalese verbiage. NCSB: I may have signed the wrong line on a grand jury form once; having a judge alternate between berating me and trying not to burst something from laughing at my incompetence is not one of my life's shining moments...


i.imgur.com
 
2014-06-13 02:56:29 AM  
Having worked in Fresno for the last 13 years, in a field that brings me in contact with thousands of Fresnans a year, I can tell you, without any reservation, that this story does not surprise me any any way. Easily the 3rd dumbest population in California. King City is number 1, followed closely by Salinas.
 
2014-06-13 03:00:42 AM  
Since when is a hung jury a retrial?  In principle, that's always supposed to result in a verdict of not guilty anyhow, if it isn't then something is farked up at a much higher level in that state's justice system than the judges and baliffs being too stupid to properly verify the verdict.

// Or were they hung due to a procedural issue that results in a mistrial?  Because TFA coulda just said that.
 
2014-06-13 05:21:25 AM  

Jim_Callahan: Since when is a hung jury a retrial?  In principle, that's always supposed to result in a verdict of not guilty anyhow, if it isn't then something is farked up at a much higher level in that state's justice system than the judges and baliffs being too stupid to properly verify the verdict.

// Or were they hung due to a procedural issue that results in a mistrial?  Because TFA coulda just said that.


A hung jury is not the same as not guilty.  Not guilty means that the jury heard the evidence and believe the prosecutors didn't meet the burden beyond a reasonable doubt.  A hung jury means that there could be no agreement regarding guilt or innocence.  This allows the prosecution to refile and retry the case. As a practical matter, a hung jury isn't a good sign and there is a chance the prosecutors will dismiss the case or choose not to refile (especially on a minor issue).  Residential burglary is not a minor offense, it is a strike offense that can be used to enhance sentences on any subsequent offenses.  Therefore the prosecutors likely would have refilled if it was hung but because it was not guilty the case is over.  I have to think society is a better place now that this person is gone.
 
2014-06-13 08:37:34 AM  

phalamir: kvinesknows: how do you "put off" jury duty?

Every time I or my friends have been called up, they always given the option for a postponement.  Basically, they figure they need X people to show up to impanel a jury.  But some people don't show at all, so the actual number is X+Y, where Y is the avarage number of no-shows.  But they send out X+Y+Z to account for people who have moved, or died, or are preggers.  As long as they didn't have Z rejections come in before you called, you could postpone for 3 months.


Out in Long Island NY (don't know if it works the same the the rest of the state), you get a card in the mail with a 3 or 4 digit # on it, saying "call this phone number on this date".  If you need to defer, call the number early and you'll be summoned again in a few months.  Otherwise, you call the number on the date, and it reads off a list of numbers "Numbers 3210 through 3315" or something.  If you number is in that range, you go to the court.  If not, you are scott free for a few years.

Since 2005 I've lucked out every time.
 
2014-06-13 08:43:19 AM  

Thanks for the Meme-ries: You're in the wrong line, dumbass!


Shakes tiny fist
 
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