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NOTE SUGGESTS SNIPER JURORS DIVIDED(Juror wants legal research on Death Penalty)
AP ^ | 21 Nov. 2003 | STEPHEN MANNING

Posted on 11/21/2003 10:11:04 PM PST by 11th_VA

Jurors deliberated the fate of sniper mastermind John Allen Muhammad on Friday without reaching a decision, indicating in a message to the judge that they were divided.

In a note sent after nearly four hours of deliberations, jurors asked what happens if they cannot reach a unanimous verdict, Circuit Judge LeRoy F. Millette Jr. said.

"We have spent six weeks. ... I would simply urge you to continue your deliberations," the judge told jurors. "We really want to try to get a unanimous decision." Millette rejected a juror's request to allow jurors to do legal research on the death penalty. He then adjourned the session for the day. Jurors are to return Monday morning. If the jury cannot reach a unanimous decision on the death penalty, Muhammad automatically would receive life in prison.

The jury is deciding whether Muhammad should die for the slaying of Dean Harold Meyers on Oct. 9, 2002, in Manassas, one of the 13 sniper shootings _ 10 of them fatal _ that terrorized the Washington area last year. He was convicted Monday of two capital murder charges. Jurors then heard arguments and testimony in the sentencing phase and began deliberating Friday morning.

Jurors must weigh whether his crimes are "vile, horrible or inhuman" and whether he poses a future risk if he is given life in prison instead of a death sentence.

In the trial of alleged Muhammad accomplice Lee Boyd Malvo, a police detective testified Friday that Malvo laughed when he described two of the shootings.

Malvo is on trial 15 miles away in Chesapeake for the Oct. 14, 2002, shooting of Linda Franklin at a Home Depot. He also faces two capital murder charges.

Fairfax County homicide detective June Boyle said she interviewed Malvo on Nov. 7, 2002, after federal charges were dropped and he was transferred to Virginia from Maryland, where he and Muhammad were arrested.

Boyle said she asked Malvo if he knew where Franklin was hit by the bullet.

"He laughed and pointed here, right here," Boyle said, pointing to the right side of her forehead.

Boyle said when she asked Malvo about the Meyers shooting, he again laughed and said, "He was hit good. Dead immediately." Asked whether he experienced any stress during the sniper attacks, Boyle said Malvo replied, "No. Why stress?"

Boyle said Malvo also told her, "A head shot is best. But you can't always take a head shot because the person could be moving."

Attorneys for Malvo don't dispute that he took part in the sniper attacks, but they contend he was brainwashed by Muhammad and is innocent by reason of insanity.

In closing arguments in the penalty phase, Muhammad's defense attorney implored jurors Thursday to listen to their consciences, telling them "a life is literally in your hands."

"It is one of the biggest decisions you will make in your whole life," defense attorney Jonathan Shapiro told them. The defense showed jurors home videos on which Muhammad coaxes his toddling daughter to take her first steps and prods his young son to flex his muscles like his dad.

But prosecutors, urging jurors to sentence him to death, noted the string of sniper shootings left 21 children without parents, some as young as 6 months old.

"He doesn't care about children, human life or anything else God put on this earth except himself," Prince William County Assistant Commonwealth's Attorney James Willett said.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: Alabama; US: Maryland; US: Virginia
KEYWORDS: dcsniper; deathpenalty; johnallenmuhammad; muhammadtrial; sniper
Millette rejected a juror's request to allow jurors to do legal research on the death penalty.

I heard she's an ex-Naval Investigative Service (NIS) Agent - Was asked about Death Penalty during jury selection and said she wasn't sure if it was right or not ...

1 posted on 11/21/2003 10:11:07 PM PST by 11th_VA
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To: 11th_VA
JustPiper, freeperfromnj, flutters, dog, sabertooth, cindy, yonif, dog, StillProud2BeFree, prairiebreeze, appalachian_dweller, Lady Eileen
2 posted on 11/21/2003 10:20:22 PM PST by Calpernia (Innocence seldom utters outraged shrieks. Guilt does.)
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To: JustPiper; freeperfromnj; flutters; Dog; Sabertooth; Cindy; yonif; StillProud2BeFree; ...
Ping
3 posted on 11/21/2003 10:20:46 PM PST by Calpernia (Innocence seldom utters outraged shrieks. Guilt does.)
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To: 11th_VA
Throw her a Bible and tell her that all the information she needs to do her research is right in there. (.....now get your ass back in there and vote this human filth to Death.)
4 posted on 11/21/2003 10:33:32 PM PST by Delta 21 (MKC (USCG-ret))
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To: 11th_VA
I guess you answered my question. In this state, a person on a jury with a death penalty possible usually has to say they believe in it, or would be open to such a decision. It sounds as though if that is the case here, some were dishonest?
5 posted on 11/21/2003 10:39:36 PM PST by ladyinred (Talk about a revolution, look at California!!! We dumped Davis!!!)
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To: 11th_VA
The DP is serious business and all, but in this particular case any jury that takes longer than a cup o' coffee and a donut to reach a unanimous verdict has at least one goofball installed.
6 posted on 11/21/2003 10:57:07 PM PST by Freedom4US
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They had better execute this maniac. If he's not put on death row he will probably become the resident Mullah in the general population. I would rather not see the result of his conscripts' teachings when they are released.
7 posted on 11/21/2003 11:00:22 PM PST by zygoat
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To: ladyinred
It sounds as though if that is the case here, some were dishonest?

No, she answered honestly - she wasn't sure - she asked judge if she could 'surf the net' this weekend, he said NO. Won't let her read anything. She needs to make up her mind by Monday ...

8 posted on 11/21/2003 11:01:39 PM PST by 11th_VA (If you can read this IN ENGLISH - Thank a Veteran !!!)
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To: Delta 21
Throw her a Bible and tell her that all the information she needs to do her research is right in there

Oh goodness no, don't do that! There was an infamous murder case here in Denver several years ago. The guy, Robert Harlan, was sentenced to death. Recently that was overturned by a judge because it came out the jury consulted the Bible during deliberations.

Harlan Death Sentence Tossed (Jury Consulted Bible) http://freerepublic.com/focus/f-news/916725/posts

9 posted on 11/21/2003 11:10:57 PM PST by beaversmom
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To: All
And in another case today:

Second jury deadlocks on man's guilt

For the second time in six months, a San Diego Superior Court jury has deadlocked on charges against an Oceanside man accused of leading two teenage boys in a crime spree targeting elderly people in the North County.

A mistrial was declared after this jury voted 11-1 in favor of convicting Matthew Powell, 20, of eight charges, including burglary and robbery.

Prosecutor Robert Stein said his office wants to retry the case. Judge John Thompson said he was inclined to grant the request.

After the mistrial was declared, 10 of the jurors waited in the courthouse hallway and applauded Stein as he left the courtroom.

"You did a great job," one woman said. "We are all so frustrated."

"It almost came to fisticuffs" during deliberations, another juror said. Just before the mistrial was declared, Stein asked Thompson to remove the one dissenting juror from the panel because "it is clear he is biased against the District Attorney's Office and law enforcement in general."

Thompson refused to remove the juror, saying his conduct was legally acceptable.

http://www.signonsandiego.com/news/northcounty/20031121-9999_1mc21powell.html

10 posted on 11/21/2003 11:11:08 PM PST by 11th_VA (If you can read this IN ENGLISH - Thank a Veteran !!!)
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To: Delta 21
P.S. I totally agree with your sentiments in spirit! It would have taken me one second to reach the death penalty sentence on this one.
11 posted on 11/21/2003 11:13:12 PM PST by beaversmom
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To: 11th_VA
What is the possibility that once on death row, either of the snipers would actually be put to death? After all, they didn't do it here in Oklahoma or Texas. Perhaps this aspect of the death penalty is what the juror wishes to research. Sometimes life amongst the general prison population is shorter than a life on death row. Witness the child-raping priest.
12 posted on 11/21/2003 11:21:40 PM PST by YankeeinOkieville
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To: YankeeinOkieville
What is the possibility that once on death row, either of the snipers would actually be put to death?

In Virginia, it's pretty good - second only to Texas ...

13 posted on 11/21/2003 11:28:10 PM PST by 11th_VA (If you can read this IN ENGLISH - Thank a Veteran !!!)
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To: beaversmom
I hope that judge didnt keep his job for very long after that. Too much PC CRAP!!!
14 posted on 11/21/2003 11:30:51 PM PST by Delta 21 (Political Correctnes is UnConstitutional)
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To: beaversmom
I don't know what kind of Bible they were reading, but I can show you exactly where God demands capital punishmnet for murder in the KJV.
15 posted on 11/21/2003 11:36:27 PM PST by gawatchman
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To: zygoat
If Mohammad isn't put down, in a few years he'll be addressing university graduations and D.C. "peace" rallies by videotape.
16 posted on 11/21/2003 11:41:57 PM PST by dagnabbit (Stop immigrating Islam. Don't let France happen to America.)
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To: dagnabbit
or he will be the commencement speaker at some college/ unversity or nominated for the nobel peace prize
17 posted on 11/21/2003 11:44:24 PM PST by beaversmom
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To: beaversmom
I suspect that the prison population may decide the ultimate fate of this filth. Actually I have thought that maybe we should do that in all cases. Abolish the death penalty and abolish protective custody in jails. Let our fine inhabitants of our wonderful rehabilitative institutions decide on the merits of the case. May save us some money and instill a strong fear of these institutioons in certain offenders who may on reflection just spare us the expense of a trial the old fashioned way.
18 posted on 11/22/2003 4:27:06 AM PST by cajungirl (no)
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To: 11th_VA
Not according to the DOJ's Bureau of Justice

At yearend 2001, 37 States and the Federal prison system held 3,557 prisoners under sentence of death, 20 fewer than at yearend 2001. All had committed murder.

In 2002, 71 persons in 13 States were executed -- 33 in Texas; 7 in Oklahoma, 6 in Missouri; 4 each in Georgia and Virginia, 3 each in Florida, South Carolina, and Ohio; 2 each in Alabama, Mississippi, and North Carolina; and 1 each in Louisiana and California.

19 posted on 11/22/2003 9:07:47 AM PST by YankeeinOkieville
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