Wednesday, March 21, 2012

Good Day Readers:

 Although this case bears no resemblance to the Mark Stobbe second degree murder trial there is a common denominator. A conviction in Canada, like the United States, requires a unanimous 12-0 verdict. However, all it takes is one entrenched juror to hang a jury resulting in a mistrial.

After Casey Anthony was acquitted last year in the high profile Florida trial for the death of her daughter, unlike here jurors are permitted to speak to the media. Some said while they believed she was guilty the state had failed to adequately prove its case beyond a reasonable doubt.

Clare L. Pieuk

Lone juror still holding in Mattapin masscre case
Dwayne Moore, right and Edward Washington (File Photo by Ted Fitzgerald)

Another day, another deadlock.

The jury in the Mattapan massacre trial has ended deliberations for the day after the panel announced — as they did yesterday — that a lone holdout is keeping them from reaching verdicts in all 19 charges.

Suffolk Superior Court Judge Christine McEvoy said she will address a note the jury handed over to her before they went home. She could also be heard saying to the lawyers in a sidebar conference — “I have not decided if there is a deadlock.”

Earlier today the jury sent another note to McEvoy saying the lone holdout was “unable or unwilling” to follow her instructions or “doesn’t understand the term beyond a reasonable doubt.
McEvoy then read the definition of beyond a reasonable doubt, which dates back to 1850, to the jury of four men and eight women.

This morning McEvoy sent the jury off to hash out their differences after citing Commonwealth vs Tuey-Rodriguez. That legal standard recited to stuck jurors reads, in part: “In most cases — and perhaps, strictly speaking, in all cases — absolute certainty cannot be attained or expected.”

The jury announced late yesterday they have reached verdicts on 10 counts but are deadlocked on nine others because a lone juror is holding out. The jury foreman, in a note to the judge, said the panel has voted 11-1 on those remaining nine charges.

Dwayne Moore, 34, the alleged trigger man, and Edward Washington, 32, are charged with carrying out the early morning drug ripoff and murders that left four bullet-riddled bodies and one critically injured survivor on Woolson Street on September 28, 2010.

Killed that night were Simba Martin, Eyanna Flonory, her 2-year-old boy Amani Smith and Levaughn Washum-Garrison who, along with sole survivor Marcus Hurd, were marched at gunpoint out of a condo at 23 Sutton Street around the corner to Woolson Street, where they were cut down by a burst of gunfire.

Hurd, who testified at the trial, was left paralyzed.

The month-long case included testimony by more than 50 witnesses and the admission of 225 exhibits. The case was built on the testimony of star prosecution witness Kimani Washington, who admitted taking part in the robbery but bolted before all the shooting began. Defense attorneys called Kimani Washington a liar.

The judge also today refused to declare a mistrial.


Post a Comment

Links to this post:

Create a Link

<< Home