The 12 jurors are now beginning deliberations in the case. The alternates will remain at the courthouse during deliberations. The jury in the trial of Kyle Rittenhouse will begin deliberations today.
The panel of 18 jurors, eight men and 10 women, will be narrowed down to the 12 by a random drawing using a raffle tumbler this morning. The 12 jurors selected randomly will then deliberate the case. On Monday, jurors were asked to report back to court at 10 a. ET today.
Kyle Rittenhouse provoked the fatal shootings in Kenosha, Wisconsin, last year by pointing his ARstyle weapon at Joseph Rosenbaum, prosecutors said Monday in closing arguments of his homicide trial. In response, defense attorney Mark Richards said Rittenhouse did not act recklessly when he fatally shot Rosenbaum, who Richards argued had threatened him, chased him, thrown a plastic bag at him and lunged for his gun.
The dueling closing arguments, which took up most of Monday, came at the end of a two-week trial highlighted by emotional and illuminating testimony from Rittenhouse himself , who said he acted in self-defense when he fatally shot Rosenbaum. A crowd of people then pursued the teenager, and Rittenhouse testified he shot in self-defense at a man who tried to kick him; fatally shot Anthony Huber, who had hit him with a skateboard; and shot Gaige Grosskreutz, who was armed with a pistol.
Rosenbaum and Huber were killed , and Grosskreutz was wounded. Georgia , U. If the parties agree to trial before a smaller jury, a verdict can be taken, but the parties should not other than in exceptional circumstances be encouraged to waive the right to a jury of six, not only because of the constitutional stature of the right, but also because smaller juries are more erratic and less effective in serving to distribute responsibility for the exercise of judicial power.
Because the institution of the alternate juror has been abolished by the proposed revision of Rule 47, it will ordinarily be prudent and necessary, in order to provide for sickness or disability among jurors, to seat more than six jurors.
The use of jurors in excess of six increases the representativeness of the jury and harms no interest of a party. Ray v. Parkside Surgery Center , 13 F. If the court takes the precaution of seating a jury larger than six, an illness occurring during the deliberation period will not result in a mistrial, as it did formerly, because all seated jurors will participate in the verdict and a sufficient number will remain to render a unanimous verdict of six or more.
In exceptional circumstances, as where a jury suffers depletions during trial and deliberation that are greater than can reasonably be expected, the parties may agree to be bound by a verdict rendered by fewer than six jurors. The court should not, however, rely upon the availability of such an agreement, for the use of juries smaller than six is problematic for reasons fully explained in Ballew v.
The low was in , when the court held Chad Enright, Kitsap County prosecutor, objected to another shutdown, saying the ever-increasing backlog was straining the system. Our cases continue to pile up and we need some relief. Further, Enright said that though he has seen no data to support the assertion that crime is on the rise or that people awaiting trial are committing additional crimes at a rate that is higher now compared with pre-pandemic years, public safety could be endangered.
Referrals, the term for when law enforcement officers send reports to prosecutors to review for criminal charges, are down significantly compared with pre-pandemic years, Enright said, which indicates that crime may not be rising.
Not consulted by judges as they weighed a fourth shutdown was Kitsap County Sheriff John Gese, who runs the county jail. In addition, the jail has 13 unfilled positions. Despite efforts to keep down the jail population, corrections officers are working mandatory overtime to ensure staffing levels are maintained.
In ordinary times, the maximum the jail can hold is about inmates, Gese said. Right now, the population is about , but has pushed up to about At its lowest, in the beginning of the pandemic when those awaiting trial on low bail were released, the population was about The other part of the ecosystem is the defense bar, which includes both the attorneys at the Office of Public Defense — which is overseen by Kitsap County commissioners — and private criminal defense attorneys.
Leaders of the public defender office were consulted prior to judges issuing the latest shutdown of trials, Hull said. Steve Lewis, the head of the office, did not respond to an email from the Kitsap Sun seeking comment.
Tom Weaver, a private practice defense attorney based in Bremerton, said defense attorneys are often wary of the alternative to jury trials, bench trials, but said they should be used more often.
Bench trials are when instead of a jury, a judge hears the evidence and delivers the verdict. This article originally appeared on Kitsap Sun: Kitsap courts shut down jury trials for a fourth time, raising concerns about public safety. The city council has […]. Krot told the man. Judge Robert Adrian said five months in prison was "plenty of punishment" for sexual assault. His lawyers had claimed the group's teachings had radicalized Johnson. A Burger King employee told police that she, her father and Niesha Harris-Brazell were in on a plan to stage the robbery.
A year-old woman was taken into custody Tuesday for a laundry list of alleged crimes that happened at a local Walmart, North Olmsted police said.
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