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Danny Masterson jury deadlocked on all three counts, ordered to return Nov 28
After lunch session.
At about 1:39 pm, there's a double buzz from the jury room.
Deputy Contreras isn't saying anything, but something is clearly up.
Karen Goldstein and the Mastersons come into the courtroom.
Judge Olmedo has put on her robe, but she's not at the bench yet.
Cohen has arrived. His first time in the courtroom today.
Judge Olmedo: We received a note that hte jurors are unable to reach unanimous decision on any of the counts. The court is sending back a note: You have been deliberating for an inadequate time to be declared deadlocked. Going to let them go early and they will be off the rest of the week.
Cohen objects to that instruction. Although the amount of time the trial has taken would make two days not seem enough. It comes down to do you believe the women or not. So I don't think that what the three charges are, same counts, different women, this should take that much time. And also with the dearth of questions, not a lot of confusion. Just sounds like a difference on what the evidence demonstrates. My concern is sending the juror away from a week. Because of extensive coverage of the case. Thanksgiving is especially a time for visitint relatives and friends who have not been admonished not to read articls abou this case, and I think it creates a significant risk of bleedover. And I think this is espeically ripe for thanksgiving week. My request would be to bring the jury out and do an individual analysis to ask if there's anything additional they could hear. I don't think it's a mistrial at this point, but I don't think that's an inappropriate step to make to find out what could unlock the deadlock.
Goldstein cite some case law.
Mueller: People agree with court's decision to ahave the jury deliberate a little longer. I think they need to spend more time.
Cohen: I think every case is different, and again I see it as a clear analsysis in the jury room, believe/don't believe. The jury knows better than we do of where they're out. Clearly they seem to be a very conscientious jury, particularly without asking many quesitons which seems somewhat unusual. My concern again is what can happen over the next ten days that could happen in this case. I don't think the government would want that or the court would want that.
Olmedo: Over defense objection, the court will go ahead with its decision. The court finds that an insufficient time has passed to decide that the jury is hopelessly deadlocked. As far as going out and being exposed to publicity, that's the situation with any jury. That would exist in any case and not necesserily in this case. The court has admonished the jury at length about not discussing the case with anyone or reading any material or seeing anything. That will be the court's order.
Cohen: Would it be possible for the jury to come back on Monday?
Olmedo: No. We have five jurors who are not available next week. I would bring them back next week
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