“””This raises the question: How does this defense attorney know how that one juror is voting.”””
Apparently, the note from the Jury Forewoman to the Judge indicated that one juror was not agreeing with the rest.
From a mistrial standpoint, it’s not the biggest deal for the prosecution. They can try her again and she will stay incarcerated. If there is a mistrial if doesn’t really help the defense. The defense can’t get a quick resolution and a not guilty verdict would mean she couldn’t be tried again for murder. Because of the other possibilties listed by the judge , a manslaughter innocent verdict would mean she couldn;t be tried again for that as well. A not guilty by reason of mental defect verdict will get her a long time in a mental institution but not forever. So he’s pushing for that.
Yes, but how does he know what the rest are thinking. Jurors are not supposed to reveal that to a judge while they are deliberating.