The court minutes from 3/3/15 are still bugging the carp out of me.
Did a couple of the jurors question why they didn't hear a finale about the computer *advertiser censored* & misconduct of the prosecution? John Smith never came back nor Dworkin. It was left in the air basically for them. Just guessing...again.
http://www.courtminutes.maricopa.gov/docs/Criminal/032015/m6723569.pdf
That is what concerns me the most about a lot of the gross false accusations that were allowed in this trial by the DT.
The jury holdouts that are against the DP could very well have begun to believe some of those accusations. You are so right that a lot of it was left confusing and an outstanding item for them.
I wish JSS would have made the jury clearly understand that since the DT did not prove there was any prosecurial misconduct that they must strike it from the record and not consider it at all.
These types of things were very serious accusations and I could see where the jurors may be using that right now as a small doubt for JA.
I know Juan did his best to counter the attacks but it all became a confusing mish-mash because of how the DT kept bringing up more and more outlandish accusations.
Most all of it needed clearly stricken from the record. That never happened.
Some of it went like this IMO which is a travesty right now during deliberations.
1-Nurmi is allowed to accuse Juan in front of the jury of outlandish accusations of prosecurial misconduct. As well as other shocking lies to Flores and other State witnesses.
2-Juan objects and sidebar ensues and then I think at least 1 time, the court was adjurned and just the lawyers began hashing it out in secret with the judge.
3-Then when the jury was finally brought back, the DT called another witness entirely and previous issue was never cleared up for jury. Or JSS just made the DT drop it and made them go on to another subject.
The important point is the DT was never admonished in front of the jury and a lot of the lies and outlandish accusations were left in the back of jurors mind to always wonder if there was some bit of truth to it.
I strongly feel that JSS errored in a major way here.
Here is what should have occurred IMO. IMMEDIATELY after the DT would state one of those lies, and Juan rightly objected (which he did every time),
After the sidebar, the judge needed to immediately instruct the jury to disregard what the DT just said because that has not been proven yet.
Then JSS needed to immediately sanction Nurmi OR at a minimum warn him the next time he pulls that he will be reprimanded with contempt.
It was always allowed to fester in the jury minds without any warning to the DT to knock it off. So the DT continued with more and more of those types of outright lies.
Their job of Nurmi was to bring on evidence to prove things. Not just lie to the jury themselves.
The reason I am so upset about this now is I really think the jury holdouts maybe considering that 1 or 2 of those outlandish lies may have had some truth to it.
Because the DT did this type of thing so often. And so often it was left in a mangled mess.