Page 22 - Jury Nullification News Today

Have concerns about what you would know to be injury nullification, the concerns that they will make their decision based on something other than the law, because that was very much the defense strategy here. and that aspect and dwelling on that is certainly agonizing for the family. >> did the family have a reaction to the really emotional moment of testimony from kim potter? i wondered while i was watching it what was going through the minds of the family. i mean, obviously, there is that noti...

Consensus, i think were all thinking that potentially there was the opportunity for a hung jury. but again, when she took the stand, she really confirmed the elements that needed to be proven, by the prosecution to carry their burden of proof. remember, this case did not involve a requirement to prove intent. so two things could be true here, wolf. you could be sympathetic toward her and think that she did not intend to kill daunte wright, and that she did mistake her firearm for a taser. and yo...

And women, six men and six women who were members of the jury. what does that tell you? >> it tells me, wolf, that look, were in a new era of accountability that continues. this is what equal protection under the law looks like and this is what our system should be. i think there was a lot of concern around the jury composition, as you mentioned wolf, six men and six women nine of which happen to be white and one asian and two african-american women and that shows that after 27 hours they got it...

>> they will be back tomorrow morning. but it was an eventful day. omar jimenez, thank you for that report. joining us now, criminal defense attorney sara azari and mark omara. whenever the jury comes back and says what happens if we cant reach consensus, what does that mean? >> well, john, it means that they could potentially be deadlocked. now, this could be a little premature. sometimes, jurors -- juries are concerned they might not be able to reach a unanimous verdict. its unclear whether ...

Towards somebody for purportedly make a mistake and still meet the evidentiary burden of each element. and you mentioned second degree manslaughter, the idea of creating unreasonable risk and then acting in a way that does not essentially undermine it. youve been critical of the defense that potters team has actually put forth. whats your issue with their case? >> well, a couple of things. one, you know mistake is not a defense to the charges that have been brought by the prosecution, and two, t...

Does it mean? >> it means they could potentially be dead locked. this could be premature. sometimes juries are concerned that they might not be able to reach a eugenio verdict. it is unclear whether they are at that point or headed that way. this is exactly what the defense was aiming for. the idea this jury would be swayed by the raw emotion in potters testimony that made it worth while frankly for her to testify despite making bad admissions. this jury might be headed to a jury nullification, ...

And two, this whole emotional testimony that she gave, i think that the defense is hoping for what we know to be jury nullification where jurors say, yes, the facts are there. the law is there. theres enough there to find someone guilty, but we dont -- you know, we dont want to do it. we dont want to do it because maybe we feel sorry for her. maybe shes already expressed some remorse. jury nullification is a big issue in this case. then we heard the defense argue that daunte wright caused his ow...

She was using deadly force. she thought she was using her taser. what does the law say on that defense? >> yeah. i think its pretty problematic. good morning to you. i think the essence is the defense so going for jury nullification. if you look at the defense theyre using, particularly when they put her on the witness stand, she admitted to all of the essential elements of the offense. she admitted it was a mistake. she admitted she didnt need to use deadly force. and so youre admitting to reck...

Im sorry. >> joey, kim potter tkroebg down multiple times, not just during cross-examination. she broke down as well with her own defense attorney. bottom line, did this help or hurt the defense, do you think, to put the defendant on the stand? >> reporter: yeah, erica. good to be with you. good morning. this was a devastating cross-examination. i understand where the defense is going here, for jury nullification. what does that mean? it means a jury has a right to get and understand that you co...

Believed in the testimony given by kim potter. she took the move of testifying. she cried a lot. i wonder if that invoked the sympathy of the jurors, even to the point of jury nullification, which means yeah, she did it, we feel bad for her and she couldnt go to prison. >> 26 years on the police force. the defense attorney said that daunte wright caused his own death. how shocking is that? >> its not shocking. look, its a common refrain by defense attorneys to say that the victim actually was co...