And even when the last jury hung the jurors who voted death said while those who voted life saw things the death voters didn't see, like emotional abuse, that it was their right and their opinion and that's just how it is and they respected that. So, again, for them to be so overtly angry with her and saying she had an agenda, that's significant.
I'm reading everything I can about this. I'm on both sides of this right now, so I'm not arguing, MB. I appreciate your discussing it with me.
The 11 + alternates said in the presser that they feel like they failed, so their anger with her was pretty up front.
On one hand, I know that not everyone is able to verbalize their opinions in a group, especially in an emotional group who
all disagree with you. It sounded like she said that she felt that the mitigation was enough to spare JA's life and she believed the DT's warped depiction of Travis. She couldn't back it up, but I re-read the juror instructions that I have, and I do not see anywhere that she has to.
On the other hand, come on! There's no mitigation. They tried everything to get her to see the weak and/or lack of mitigation and she wouldn't consider it.
Duty to Consult with One Another
As jurors, you have a duty to discuss the case with one another and to deliberate in an effort to reach a just verdict. Each of you must decide the case for yourself, but only after you consider the evidence impartially with your fellow jurors. During your deliberations, you should not hesitate to re-examine your own views and change your opinion if you become convinced that it is wrong. However, you should not change your honest belief concerning the weight or effect of the evidence solely because of the opinions of your fellow jurors, or for the mere purpose of returning a verdict.
So maybe this was just her honest belief.
Maybe she did not re-examine her own views.
Who knows!
For now, I will attribute to her the best possible motive consistent with the facts I have right now.
Her husband seems like a nice guy.
source: http://www.eversnark.com/final-jury-instructions/ 2013 instructions transcribed from file offered on paywall site