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To: Dog Gone
This doesn't appear to have been a jury proceeding.

Where do you draw that conclusion from? If it wasn't a jury hearing, how did the defendant foundf guilty?

25 posted on 04/03/2006 5:38:21 PM PDT by Oztrich Boy (Conscience: the inner voice which warns us that someone may be watching. - H L Mencken)
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To: Oztrich Boy

It was during a "sentencing hearing" according to the story. That implies that it wasn't part of a trial by jury proceeding.

Plus, there's no mention of the comment being particularly bad because it would influence the jury.

And you can waive your right to trial by jury.

I've been a juror in trials where the jury decides guilt or innocence but is then excused. The judge then decides the sentence.

That probably is what happened here.


26 posted on 04/03/2006 5:55:12 PM PDT by Dog Gone
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