DANNY MASTERSON GUILTY ON TWO COUNTS, HUNG JURY ON THIRD, TAKEN INTO CUSTODY

Day 26 (Day 22 since testimony began, Day 8 of deliberations) Danny Masterson retrial

10:05 am: Two buzzes from the jury. Turns out a late juror arrived and they were indicating that they had begun deliberating today.

10:56 am: Two buzzes. What's up? The clerk tells us the jury doesn't have a question "yet." Yet? Then there are two more buzzes.

When he re-emerges and we ask again, this time he tells us that the attorneys have been asked to be here at 1:30 pm (after the lunch break) for the jury's question.

(The way he's saying it, though, is a little odd. Is it a question, or is the jury going to tell the judge that it's stuck?)

The clerk is trying to clear the court earlier, at only about 11:30, but some reporters have left their stuff behind.

It's another sign this appears to be a big moment coming after the break.

As the lunch break ended, the hallway outside the courtroom was filled as the Masterson family arrived along with the attorneys and a full gallery of members of the public.

Judge Olmedo takes the bench.

Judge: The court received a note after 11 am, reading, we have come to a decision on two counts and deadlocked on one count.

Judge told them to fill out the jury forms for the completed counts.

We're waiting for the jurors to come in. People stand as they come in.

Let me ask our foreperson, seat #9. You said one count is deadlocked?

That's true.

If the court asked you to keep going, do you think you could reach a verdict on that one count?

No.

Is there antyhign the court can do to help you reach a verdict?

No.

Does everyone agree? (No hands that disagree.)

Two counts are unanimous. She asks the foreperson to hand them to thte bailiff, who gives them to the judge.

Clerk reading them.

Count 1: Guilty (plus TRUE on multiple)

Count 2: Guilty (plus TRUE on multiple)

Bijou just wailed, and she's crying.

Judge asks Bijou to maintain her composure.

They're polling the jury. Each of them agree these are their verdicts.

Now, on count three, the judge finds that the the jury is deadlocked on three and declares a mistrial on that third count.

On count three it was 8 to 4. Eight for guilty.

They go over the progression of the vote, and it had gone from 5 to 7 to 8 guilty over time.

The judge thanks the jurors and excuses them. She tells them they cannot be paid for any interviews for 90 days. But they can talk to the attorneys at this point if they want to.

She thanks them and they are excused. Their escorts follow them into the jury room.

Judge Olmedo says they will pick a date for filing of motions, before sentencing.

Cohen asks for August 4.

Judge: Based on 1166 and 1203.66, the court will be remanding Mr. Masterson.

Masterson is being handcuffed. Bijou is crying.

Judge explaining that the charges are serious and violent, and so despite his bail, he will be going into custody.

Next hearing August 4.

Cohen: I understand the presumptive penalties, I'm focused more the focus on... keeping in mind the dates, that it was 22, 23 years ago. His age at the time versus his age now.

He's suggesting electronic monitoring, house arrest, etc. And that he is needed for the preparation of a defense motion. And whether he poses a risk after 22 years of the incidents.

Mueller: Agrees with the court that the crimes are violent in nature. He also brings up the change in circumstance. And definitely recommends remanding.

Judge: Based on allegations and the sentence he's facing, court finds Mr. Masterson to be a flight risk. Next court date is August 4.

Masterson is taken away by the deputies.

We are in recess.

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