CONVICTION OVERTURNED GA - Diane McIver, 63, Fatally Shot, Atlanta, 25 Sept 2016 *husband arrested* #2

[Niner]

I would guess they would retrial is "most" of the jurors were going to say guilty. Guess it depends on the split MsArk.

 

[Tortoise]

jury coming in - all present and accounted for

 

[Tortoise]

[FONT=&quot]https://twitter.com/MPetchenikWSB
Judge has read jurors the [/FONT]#AllenCharge[FONT=&quot] and is sending them back to the jury room for deliberation. [/FONT]

 

[MsArk]

I would guess they would retrial is "most" of the jurors were going to say guilty. Guess it depends on the split MsArk.

Yes, I suppose. I have a feeling it isn’t too close just based on the opinions of those here and on social media. There is a clear divide in the Guilty/NG/IM opinions. Obviously that is based on my perception only.

 

[turaj]

[FONT="][URL]https://twitter.com/MPetchenikWSB[/URL]
Judge has read jurors the [/FONT][/COLOR][URL="https://twitter.com/hashtag/AllenCharge?src=hash"]#AllenCharge[/URL][FONT="] and is sending them back to the jury room for deliberation. [/FONT]

report from a media person in there said faces were grim and they did not look happy as judge read that allen charge. it was a weak charge...very weak and judge just sort of seems over this case and on to other things. I think they went back in the jury room will chat another hour or two and then be officially hung.

 

[YESorNO]

11Alive News@11AliveNews
10m10 minutes ago
Jurors return to court to receive Allen Charge - judge pushes for a verdict http://on.11alive.com/2HnoYUC #TexMcIver


Mike Petchenik@MPetchenikWSB
9m9 minutes ago
Judge has read jurors the #AllenCharge and is sending them back to the jury room for deliberation. #TexMcIver.


Madeline McGee@maddyshewrote
9m9 minutes ago
“If you differ in your views of the evidence, this difference of opinion should cause all of you to scrutinize the evidence more closely and to reexamine the grounds of your opinions.” #TexMcIver


Christian Boone@ReporterJCB
8m8 minutes ago
Jurors sat stone faced, silent as judge ordered them to continue deliberations #TexMcIver


Veronica Waters@MissVWaters
7m7 minutes ago
#TexMcIver Judge gives jurors their charge: "You've been deliberating for a considerable period...this case has been exhaustively tried by both sides, submitted to you for a verdict if possible. Any verdict must be unanimous...not mere acquiescence to other jurors" @wsbradio

WSB-TV@wsbtv
6m6 minutes ago
"You will again retire to your jury room for a reasonable time and examine your differences in a spirit of fairness and try to arrive at a verdict." Judge tells #TexMcIver jury in #AllenCharge https://2wsb.tv/2vDPvvw

Law & Crime Network@LawCrimeNetwork
4m4 minutes ago
#TexMcIver - Jurors returned from lunch. The judge gave them instructions to keep deliberating, "It is necessary for you to exmaine the issues & questions with candor & fairness...."


Veronica Waters@MissVWaters
3m3 minutes ago
#TexMcIver judge to jurors: "Your duty is to decide the issues...if you can conscientiously do so...Lay aside all mere pride of opinion. Jury room is no place for taking up...a cause...or being advocates. Keep in mind the truth as it appears from the evidence..." @wsbradio


Mike Petchenik@MPetchenikWSB
2m2 minutes ago
My colleague @ReporterJCB says the jurors looked "stone-faced and sour" when the judge sent them back into deliberations. #TexMcIver.


Veronica Waters@MissVWaters
3m3 minutes ago
Colleague @ajccourts could see the #TexMcIver jurors well. He says they didn't appear to be happy...and that when the judge told them to go back, they gave the impression of..."You've gotta be kidding me." @ReporterJCB says they looked "stone-faced and sour." @wsbradio

-----------------------------------------------------------------------------------------------------------------------------------------------------------------

:sigh:

 

[MsArk]

Seems to me if a jury is so split, there is reasonable doubt. Just saying....

 

[turaj]

i think there is alot going on here with the jury...remember they and the judge have had this light hearded and joking relationship all thru the trial...a very casual relationship...even the admonitions were often so soft you did not know they were given and now after some very difficult and probably passionate debates in that room they come out for help and admit they can't go further...and judge reads this script hardly looking at them and ends with go deliberate and they are escorted out.

The comment above :"Colleague @ajccourts could see the #TexMcIver jurors well. He says they didn't appear to be happy...and that when the judge told them to go back, they gave the impression of..."You've gotta be kidding me." @ReporterJCB says they looked "stone-faced and sour." @wsbradio"

I know at the beginning they were not happy with 61 and it was more than the being late...asked to have her replaced. One has to wonder if she is at the center of this disagreement and of course now the others are really angry if she is creating problems back there. If there turns to be one hold out I have to wonder.

 

[YESorNO]

Mike Petchenik@MPetchenikWSB
10m10 minutes ago
Working alongside @epanitch and @AaronDiamantWSB in the media room of #TexMcIver trial as the jury is deadlocked. Stay with us for the latest.

-------------------------------------------------------------------------------------------------------------------------------------------

Look at Mike's face...

 

[BUF]

Sounds like too much discourse in there. They'll be gone by 4:00...hung

 

[arta]

Same thing, IMO: (just in "official" language)

WHAT IS AN ALLEN CHARGE?

https://www.online-paralegal-degree.org/faq/what-is-an-allen-charge/

Thank you again for posting such helpful info. I’ve learned alot from following you.

 

[YESorNO]

Lori Latimer@lorilatimer
2m2 minutes ago
Jury light went on. Deputy handed a note to the judge, who chuckled when he read it. #TexMcIver


??????????????

 

[BUF]

How many of you are like me sitting with the feed on waiting for activity in the courtroom?

 

[Tortoise]

I think there is a rogue juror. It's just the feeling I get from the questions asked - could be more than one but my sense is it's one. Here's the thing - they are not deadlocked on count 4 - possession of firearm during a felony. Maybe s/he hasn't spotted the word felony yet. If that one charge is unanimous guilty it means they all agree the crime was felony murder. If that one is unanimous not-guilty it means they agree there was no felony murder, but they are deadlocked on that one. See the confusion? I have to wonder if one of them is not up to the task, that could be lack of understanding or just being undecided either way, or something else like finding the task too onerous. JMOO.

 

[YESorNO]

Lori Latimer@lorilatimer
1m1 minute ago
Whatever the note said must not be very important because the judge is still conducting a hearing on another matter. #TexMcIver

 

[turaj]

wonder if 61 is sending her own notes to the judge...odd things happening

 

[YESorNO]

How many of you are like me sitting with the feed on waiting for activity in the courtroom?

I'm watching the feed, Twitter....:waiting:...., and running around doing things around the house...:sigh:

It's such a beautiful day and I should be outside doing yard stuff.


:gaah:

 

[MsArk]

Will the judge poll the jury in the event of a mistrial?

 

[turaj]

sure hope so

 

[Augustgurl]

Hi y’all! Been lurking but not new to Websleuths. This trial is a tough one. I simply cannot stomach the thought that someone can hold a gun and it is fired into someone’s back and they get to say “oh well, my bad, ‘twas an accident. Oops! Sorry now let me get back to my rich life. “ there HAS to be some kind of accountability and punishment. Otherwise we may be seeing a lot more “oops, accidents” KWIM? I believe him guilty and the thing that keeps coming is him asking that ranch hand to drive Dani Jo home. I simply cannot reconcile that as to why