GUILTY Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 *Arrest* #17

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  • #21
I think a lot of juries do that but it probably depends upon the foreman. It is a logical thing to do as a starting point but not everyone does it that way. IMO

Yes, deliberations are ongoing on Saturdays, but apparently they will not read the verdict on Saturdays. Or do I have that wrong?
I think in this case they can give their verdict on Saturday. Judge Beale made those days/hours and if the jury had made a decision on Saturday, it wouldn't make sense to keep them there until Monday. Stranger things have happened, though. MOO.
 
  • #22
It's so dramatic - 'FAILED to reach a verdict'. I think one of two things is happening: 1) they have mostly decided but want to be thorough and check they haven't missed anything; 2) they're negotiating with the one or two holdouts and understanding what their thinking is and helping persuade them to the majority conensus.

They haven't gone back to the judge seeking advice yet.

Some who probably want to go back over a lot of evidence

The whole process can only go as quickly as the slowest decision maker.
 
  • #23
I wonder if the prosecutors have left no options in this trial by requiring a guilty of murder verdict?

If the jury find Erin not guilty of murder, I assume that she is a free person? I wonder if there should have been a lesser charge added so that some kind of justice could be served?


IMO
As I posted earlier, the Judge still might say they can consider manslaughter if a verdict isn't reached. Also he may persue perjury for all the lies. Victoria has maximum of 15 years for lying. It's not over until it's over.
 
  • #24
I was stopped and warned very strongly that I must never touch them again as " some are deadly and you never know which ones".

Ditto. Periodically toadstools would appear in the lawn at home and on the street verges. We were told as young kids never to touch them and to stay well away from them.
 
  • #25
An example of a historical warning about picking mushrooms in Victoria.

Thanks - not that historical, just the year before. Very clear, very detailed, pointing out where they grow and how deadly death caps are. Interesting.
 
  • #26
As I posted earlier, the Judge still might say they can consider manslaughter if a verdict isn't reached. Also he may persue perjury for all the lies. Victoria has maximum of 15 years for lying. It's not over until it's over.

IMO manslaughter should definitely be on the table. Even though I strongly believe that she poisoned them deliberately, one way or another she needs to do serious prison time for causing the deaths of 3 people.
 
  • #27
IMO manslaughter should definitely be on the table. Even though I strongly believe that she poisoned them deliberately, one way or another she needs to do serious prison time for causing the deaths of 3 people.
Agree wholeheartedly
 
  • #28
An example of a historical warning about picking mushrooms in Victoria.

And another from the local paper in Erin’s region, from around the same time she allegedly foraged the death caps, April 20, 2023.

 
  • #29
I think they’re negotiating with the hold outs. No reason for that, just vibes
Agreed. It must be very frustrating.
 
  • #30
Hopefully what is going on is 12 Angry Men in reverse!
 
  • #31
IMO manslaughter should definitely be on the table. Even though I strongly believe that she poisoned them deliberately, one way or another she needs to do serious prison time for causing the deaths of 3 people.
I suppose the issue with having manslaughter on the table so early on, is that it might end up being too easy to compromise at this. For those who aren't sure it could sound like an area they can agree on.

The problem is that if she murdered she deserves the punishment for murder not an easy compromise. I get this might be frustrating if she gets off, but it could been something the judge could bring in once it is known they are struggling to reach a verdict.
 
  • #32
I suppose the issue with having manslaughter on the table so early on, is that it might end up being too easy to compromise at this. For those who aren't sure it could sound like an area they can agree on.

The problem is that if she murdered she deserves the punishment for murder not an easy compromise. I get this might be frustrating if she gets off, but it could been something the judge could bring in once it is known they are struggling to reach a verdict.
Yes, he hasn't taken it off the table like the Judge in the Greg Lynn case.
 
  • #33
  • #34
I think a lot of juries do that but it probably depends upon the foreman. It is a logical thing to do as a starting point but not everyone does it that way. IMO
This was in response to @LadyL in a closed thread asking "do juries there vote in a guilty/not guilty poll when they first start deliberating?" I've never been on an Australian jury, only in NYC. But you've been sitting next to your fellow jurors for days or weeks on end, not discussing anything with them regarding the case, not talking about it to friend or family, and in my four jury experiences, we jurors were all absolutely busting for a chance to finally talk about it! We did all go around the table saying whether we were leaning G/NG, and more importantly, what evidence we found most compelling.
 
  • #35
I suppose the issue with having manslaughter on the table so early on, is that it might end up being too easy to compromise at this. For those who aren't sure it could sound like an area they can agree on.

The problem is that if she murdered she deserves the punishment for murder not an easy compromise. I get this might be frustrating if she gets off, but it could been something the judge could bring in once it is known they are struggling to reach a verdict.

Totally agree. I was just about to post similar thoughts.
 
  • #36
It's a complex case. The jury charge alone was what - nearly a week?

I don't think a longer verdict in this case necessarily points either way. They have a lot of evidence to sift through. IMO
 
  • #37
So my subconscious idea from that early incident was that "absolutely everybody knows wild mushrooms can kill you and therefore of course nobody risks it"!
Our local field mushrooms were obvious and there weren’t any oak or pine trees either. Pink as a button and flat and brown. Toadstools were not collected, not even handled but they were easy to differentiate. I was fascinated by chefs and others foraging on TV in the 90’s, so many interesting varieties. A trip to Melb always includes a trip to Pharan Market, to the ‘Mushroom Man’s’ stall.

I still have a book on mushrooms and have researched occasionally, although I wouldn’t forage other wild varieties without an ‘expert’ to confirm they are safe and this is available in some areas outside Sydney in Autumn. I buy the rare ones now, from an expert, and a mushroom kit occasionally.

I notice comments re Erin collecting mushrooms on her property to protect her pets. I believed for many years that edible mushrooms were dangerous for dogs. Might explain why she didn’t feed leftovers to her dog.
 
  • #38
Our local field mushrooms were obvious and there weren’t any oak or pine trees either. Pink as a button and flat and brown. Toadstools were not collected, not even handled but they were easy to differentiate. I was fascinated by chefs and others foraging on TV in the 90’s, so many interesting varieties. A trip to Melb always includes a trip to Pharan Market, to the ‘Mushroom Man’s’ stall.

I still have a book on mushrooms and have researched occasionally, although I wouldn’t forage other wild varieties without an ‘expert’ to confirm they are safe and this is available in some areas outside Sydney in Autumn. I buy the rare ones now, from an expert, and a mushroom kit occasionally.

I notice comments re Erin collecting mushrooms on her property to protect her pets. I believed for many years that edible mushrooms were dangerous for dogs. Might explain why she didn’t feed leftovers to her dog.

Or she was blatantly lying about the mushrooms on her property and the dog and it was 'slippage'.

I mean, it's not a long bow to draw. She lied about everything else.

IMO
 
  • #39
Yes, deliberations are ongoing on Saturdays, but apparently they will not read the verdict on Saturdays. Or do I have that wrong?
Do you have a source re reading the verdict on a Saturday?
 
  • #40
Thank you! I wanted to acknowledge your post. I hope their jobs are safe.

I once saw a Mgr treat a loyal long term colleague poorly by forcing him to use annual leave, his discretion, not policy, when they had longer breaks as the Judge has often done with this case. Sadly, my colleague resigned as a result.
In Australia you cant lose your job for being on a jury, regardless if how long the case is. There are massive company/corporate fines if that happens.
 
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