No matter what happens, I love this judge. Seems like a really good person and he handles everything calmly and intelligently under bizarre circumstances.
I don't think they can use alternates once deliberations have begun, since alternates do not sit in during the deliberation process, they would not know what has been going on. Not 100% certain if that is true in NC, but it is in other states.
What happens in deliberation, an alternative can be used when a juror is unable to attend due to illness, injury, death, family emergency (death in the family) and they violate the judge's orders. When a new juror is introduced into the deliberation, they must start over from the beginning. That is, reconsider new jury chairperson, re discuss the evidence, etc. That is pretty a given in all state trials. That is why they have alternate juror in case of unexpected circumstances. Even if they are sent home, they have to follow all the rules they must follow about not reading, talking and researching about the trial.
2010 North Carolina Code Chapter 15A Criminal Procedure Act. Article 72 - Selecting and Impaneling the Jury. 15A-1215. Alternate jurors. Universal Citation: NC Gen Stat § 15A-1215 15A‑1215. Alternate jurors. (a) The judge may permit the seating of one or more alternate jurors. Alternate jurors must be sworn and seated near the jury with equal opportunity to see and hear the proceedings. They must attend the trial at all times with the jury, and obey all orders and admonitions of the judge. When the jurors are ordered kept together, the alternate jurors must be kept with them. If before final submission of the case to the jury, any juror dies, becomes incapacitated or disqualified, or is discharged for any other reason, an alternate juror becomes a juror, in the order in which selected, and serves in all respects as those selected on the regular trial panel. Alternate jurors receive the same compensation as other jurors and, unless they become jurors, must be discharged upon the final submission of the case to the jury. (b) In all criminal actions in which one or more defendants is to be tried for a capital offense, or enter a plea of guilty to a capital offense, the presiding judge shall provide for the selection of at least two alternate jurors, or more as he deems appropriate. The alternate jurors shall be retained during the deliberations of the jury on the issue of guilt or innocence under such restrictions, regulations and instructions as the presiding judge shall direct. In case of sequestration of a jury during deliberations in a capital case, alternates shall be sequestered in the same manner as is the trial jury, but such alternates shall also be sequestered from the trial jury. In no event shall more than 12 jurors participate in the jury's deliberations. (1977, c. 711, s. 1; 1979, c. 711, s. 1
I love the way posters think a juror conspired with the defense. Some of the people on this feed. Next they will be calling for the death penalty for a juror who got in a car accident and is, like any normal human being would, having a hard time dealing with the tremendous burden of determining the guilt or innocence of another human being. I would for acquittal so it wouldn't shock me if some of the jurors would too.
@ KIX PIX Yes it is ! The guy took part in a double homicide and should be doing life in prison . Just because the criminal is dressed like Peter Pan doesn't mean he is innocent.
Steve Milner I agree with you It does appear as if something is fishy. And I now believe the vote was 11 for guilty. I believe she knows he is guilty, but cannot bring herself to cast a guilty vote that might result in a death sentence....she wants someone else to make that decision so she does not have that on her conscience. And she cannot bring herself to voting not guilty because she knows in her heart he did participate in the horrific murders. It appears she does not want a mistrial on her conscience either. If she truly believed in his innocence she would cast her vote to reflect that choice.
I don't think they can use alternates once deliberations have begun, since alternates do not sit in during the deliberation process, they would not know what has been going on. Not 100% certain if that is true in NC, but it is in other states.
Nope-alternates can be put in after deliberations have begun. Listen to the beginning of a trial, most judges spell that out when explaining to the jury (and alternates)how a trial will be conducted.
I am sorry the juror needs surgery but I hope that the prosecution will take this opportunity to offer Eric a plea deal. Five years with time served is my recommendation. Hang in there Eric - I am in your corner.
This was the same juror who wanted to be dismissed last week. What a coincidence she was suddenly involved in a car accident
No matter what happens, I love this judge. Seems like a really good person and he handles everything calmly and intelligently under bizarre circumstances.
I love him too!
Isn't that what alternate jurors are for? If one had an accident, they are dismissed and an alternate juror replaces them.
I am surprised that did not call alternative jurist. Very unusual.
I don't think they can use alternates once deliberations have begun, since alternates do not sit in during the deliberation process, they would not know what has been going on. Not 100% certain if that is true in NC, but it is in other states.
Yes, I got this off a news story "An alternate juror can't be used at this point, since deliberations have already started."
What happens in deliberation, an alternative can be used when a juror is unable to attend due to illness, injury, death, family emergency (death in the family) and they violate the judge's orders. When a new juror is introduced into the deliberation, they must start over from the beginning. That is, reconsider new jury chairperson, re discuss the evidence, etc. That is pretty a given in all state trials. That is why they have alternate juror in case of unexpected circumstances. Even if they are sent home, they have to follow all the rules they must follow about not reading, talking and researching about the trial.
That's what alternates are for
2010 North Carolina Code
Chapter 15A Criminal Procedure Act.
Article 72 - Selecting and Impaneling the Jury.
15A-1215. Alternate jurors.
Universal Citation: NC Gen Stat § 15A-1215
15A‑1215. Alternate jurors.
(a) The judge may permit the seating of one or more alternate jurors. Alternate jurors must be sworn and seated near the jury with equal opportunity to see and hear the proceedings. They must attend the trial at all times with the jury, and obey all orders and admonitions of the judge. When the jurors are ordered kept together, the alternate jurors must be kept with them. If before final submission of the case to the jury, any juror dies, becomes incapacitated or disqualified, or is discharged for any other reason, an alternate juror becomes a juror, in the order in which selected, and serves in all respects as those selected on the regular trial panel. Alternate jurors receive the same compensation as other jurors and, unless they become jurors, must be discharged upon the final submission of the case to the jury.
(b) In all criminal actions in which one or more defendants is to be tried for a capital offense, or enter a plea of guilty to a capital offense, the presiding judge shall provide for the selection of at least two alternate jurors, or more as he deems appropriate. The alternate jurors shall be retained during the deliberations of the jury on the issue of guilt or innocence under such restrictions, regulations and instructions as the presiding judge shall direct. In case of sequestration of a jury during deliberations in a capital case, alternates shall be sequestered in the same manner as is the trial jury, but such alternates shall also be sequestered from the trial jury. In no event shall more than 12 jurors participate in the jury's deliberations. (1977, c. 711, s. 1; 1979, c. 711, s. 1
Pay close attention to section B
What is the update on this trial?
Still waiting. No word from the Judge yet.
ok thanks.
YOUR'LL NEVER KNOW.
Something very fishy here
What a mess of a trial
It sure is!!!
I love the way posters think a juror conspired with the defense. Some of the people on this feed. Next they will be calling for the death penalty for a juror who got in a car accident and is, like any normal human being would, having a hard time dealing with the tremendous burden of determining the guilt or innocence of another human being. I would for acquittal so it wouldn't shock me if some of the jurors would too.
that creepy looking lawyer smiled too much at her and creep-ed her out , come on now lol
I think his lawyer is good-looking:)
YOUR A JURK.
COUPLE OF PERVS.
we will be watching trial# 2 next year...stay tuned!!!
Steve Milner...I am speechless, cannot believe this !!
@ Steve Milner Its really fishy ! I think she is doesn't have guts to do the right thing and convict a murderer. Is he held without bond ?
@ KIX PIX Yes it is ! The guy took part in a double homicide and should be doing life in prison . Just because the criminal is dressed like Peter Pan doesn't mean he is innocent.
Steve Milner
I agree with you
It does appear as if something is fishy. And I now believe the vote was 11 for guilty. I believe she knows he is guilty, but cannot bring herself to cast a guilty vote that might result in a death sentence....she wants someone else to make that decision so she does not have that on her conscience. And she cannot bring herself to voting not guilty because she knows in her heart he did participate in the horrific murders. It appears she does not want a mistrial on her conscience either. If she truly believed in his innocence she would cast her vote to reflect that choice.
Johnny - think his bond is 500,000k and still in custody
Very intelligent judge and I love his voice.
Was it the same juror who tried to get excused last week?
Windsor Castle don't they have alternates
fishy!
I don't think they can use alternates once deliberations have begun, since alternates do not sit in during the deliberation process, they would not know what has been going on. Not 100% certain if that is true in NC, but it is in other states.
Nope-alternates can be put in after deliberations have begun. Listen to the beginning of a trial, most judges spell that out when explaining to the jury (and alternates)how a trial will be conducted.
M L nope you're wrong, in Nc they cannot. What moto said was accurate
Now another delay
I am sorry the juror needs surgery but I hope that the prosecution will take this opportunity to offer Eric a plea deal. Five years with time served is my recommendation. Hang in there Eric - I am in your corner.
that should have been declared a mistrial.
PLAY MISTY FOR ALL YOU BLEEDING HEARTS.BECAUSE YOU'LL PROBUBLY NEVER KNOW WHAT HAPPENED.