We understand the District Attorney's office has decided to retry case and will support the District attorney's office as they move forward with the retrial." "The Palm Springs Police Department respects the jury process in these matters. PSPD Statement about the Larin-Garcia deadlock jury: Judge Villalobos later scheduled Larin-Garcia for a trial-readiness conference on June 17 to begin the re-trial process. "We hope we do a better job the next time." "They saw both sides of the story and couldn't come to a unanimous verdict about which story they seemed to find the most plausible," Dolan said. Not everybody saw that."ĭefense attorney John Dolan called the deadlock disappointing, but said the split jury shows there was not proof beyond a reasonable doubt his client is guilty. "I looked at it completely as as analytically as I could, and tried to weigh both together. "All it takes is just a little bit of– other side of the coin, that can get people to start thinking differently," Juror #2 said. He said the defense derived doubt in some of the jurors' minds by pinning the crimes on another man. He hopes to give both sides the information they need to help the next jury reach a verdict. "We basically told the prosecution as a group that she needed to do more," said Juror #2, the foreperson for the group. They've communicated with the judge that "Each jury member has agreed that no additional review will change their vote." Jake Ingrassia March 8, 2022
Deadlock jury trial#
Good morning, WOW- the jury in the 4x Palm Springs murder trial for Jose Larin Garcia is DEADLOCKED. "Justice for the family is all that I can hope for." "It's sad what happened it is sad," Juror #11 said. For the first three victims, Jacob Montgomery, Juan Duarte Raya, and Yuliana Garcia, it was 9-3 in favor of guilt.įor the fourth victim, Carlos Campos Rivera, who was found a few blocks away, it was 8-4 in favor of guilt. Alaniz, 569 F.3d 1015, 1029 (9th Cir.2009) (finding no error in standard Allen charge issued to deadlocked jury).The jury was split across all four counts of murder.
Deadlock jury manual#
You may now return to the jury room and continue your deliberations.īefore giving any supplemental jury instruction to a deadlocked jury, the Committee recommends the court review Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures § 5.5 (2013) see also Warfield v. You should not single out any part of any instruction, including this one, and ignore others. I remind you that in your deliberations you are to consider the instructions I have given you as a whole. Each of you should ask yourself whether you should question the correctness of your present position.
All of you share an equal desire to arrive at a verdict. However, you should not change an honest belief as to the weight or effect of the evidence solely because of the opinions of the other jurors or for the mere purpose of returning a verdict.Īll of you are equally honest and conscientious jurors who have heard the same evidence. During your deliberations, you should not be unwilling to reexamine your own views and change your opinion if you become persuaded that it is wrong. Each of you must decide the case for yourself, but only after you consider the evidence impartially with the other jurors. I have decided to suggest a few thoughts to you.Īs jurors, you have a duty to discuss the case with one another and to deliberate in an effort to reach a unanimous verdict if each of you can do so without violating your individual judgment and conscience. Members of the jury, you have advised that you have been unable to agree upon a verdict in this case.
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