1) A death in a juror's family would have the judge put an "alternate-juror" in. ("Alternate-jurors" are sitting in or beside the jury box and listening to the same testimony).
2) While "the wheels of justice are in motion", there are court rules that
exclude evidence that could be prejudicial to the defendant. It is only upon hearing a verdict—and entering the penalty phase—that such evidence can be divulged. (Such as previous drunken convictions, such as
here).
3) The first many minutes of a jury's deliberations are taken up by procedural matters assigned by the judge.
4) The Defense
has presented the best case possible for Erica.
Seldom does the defense put their client in the witness chair, but the defense did just that!—
as suggested here earlier.
Quote:
Originally Posted by Scupper
No visiblity, can't see anything past the bow, don't slow down, hit a big island, alcohol involved, Wolfe Trap serves mixed drinks in PINT size glasses, beer cans in the water, vodka in the cuddy, spotty memory lapses at convienent times that are crucial, 18 miles an hour causes the boat to basically explode....hmm, let me think about this one.
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Comment—with Smilies suppressed.
1) Even the presence of the
same brand of empty beer cans is "
circumstantial evidence".
The defense maintained they were previously rounded-up by a neatnik-neighbor, and stored in her boat. That same boat was commandeered by the hero-rescuer-neighbor,
Dr. Rock.
(The rescuer's boat belongs to neatnik-neighbor
Ms. Stone).
2) Visibility is an
unknown. Visibility isn't likely to be a factor at night, as visibility varies in the
known conditions of fog and drizzle. (The "big waves" cited by the defendant shouldn't have been alluded to—IMHO).
3) The island isn't lighted.
4) One of the vodka bottles wasn't opened.
5) At night, you usually can't see much beyond the bow.
6) Memory "lapses" happen.
7) We don't
know if she slowed down.
8) Diamond Island is 34 acres—not so "big".
9) Pint-sized glasses don't mean too much: we don't know if
all the drinks were
fully consumed. Remember, too, that the State of New Hampshire sells vodka, so it must be OK to have a bottle or two aboard.
10) The boat didn't "explode": it's mostly the fracturing of the manufacturer's low-end "shoe-box" construction that makes it look worse than it is.
The defense made much of the fact that the broken glass evidence can roll—or be "sling-shot"—far beyond the crash site and should be dismissed as real evidence of velocity.
11) Finally: Her lawyer says she wasn't intoxicated.
What's a jury to do?
