ClassZ, that is correct!
Aha, the Breeze reported!
http://www.dailybreeze.com/news/articles/3570427.html?showAll=y&c=y
excerpt:
Eight favored convicting Brown on second-degree murder, while the other two were convinced Brown had committed manslaughter.
To win a first-degree murder conviction, prosecutors had to convince jurors that Brown had thought about committing murder beforehand.
A second-degree murder conviction rested on the legal theory of implied malice, which means Brown should have known the danger to his daughter's life by hiking atop 120-foot-high Inspiration Point, but consciously disregarded that risk. THAT'S WHAT HE DID!For a manslaughter conviction, jurors merely had to be convinced that Brown's actions were criminally negligent.
Jurors, some of whom were crying, refused to talk to reporters. Several, however, met with Deputy District Attorney Craig Hum after the mistrial was declared.
"There were two jurors on the jury who couldn't accept the fact a father could do this to his 4-year-old daughter," Hum said. "The 10 jurors who voted for murder were clearly convinced by the evidence."
Hum said the jurors he spoke with offered some "useful comments," but said none indicated there were fundamental flaws in the prosecution's case.
Arnold set an Oct. 11 date for a second trial.
Hum said he intends to again seek a first-degree murder conviction with two special circumstances in the second trial.
But Geragos, whose previous clients have included pop singer Michael Jackson and convicted wife-killer Scott Peterson, said he is "hopeful they won't even retry it" and will try to have his client released from custody.
"He's relieved there was no conviction and we're hopeful we can prevail and bring him home," Geragos said, adding he plans to return for a second trial if there is one. "I've never dropped a client on a mistrial and I'm not going to start now. ... The case does not get any better for the prosecution."
The case against Brown was built almost entirely on circumstantial evidence.
Each side presented dueling expert witnesses who, predictably enough, reached differing conclusions that supported each party's version of events.
Jurors reviewed the testimony of both experts during deliberations, but twice indicated -- on Thursday and Friday -- to the judge that they were deadlocked.
another excerpt:
Hum said he spoke briefly Monday afternoon to Lauren's mother, Sarah Key-Marer, who had attended portions of the emotional trial.
"Obviously she's very disappointed that the jury wasn't able to reach a verdict and she was hoping to bring this chapter to a close," Hum said.
"It's disappointing when a jury can't reach a verdict in any case and this case in particular was tough because of the heartbreak Sarah had to go through and the length of time it took for the jurors to sit on the case."
~~~~Geragos presented his client merely lacked parenting skills--BullCrap! I could've easliy voted 2nd Degree Murder!
My heart aches for Sarah. More than that, I grieve for Lauren and I think of a darling little girl who was so innocent and deserved to have a wonderful life.
