CJ Grisham's case mistrialed

The case of CJ Grisham was declared a mistrial as the jury deadlocked.

http://www.kwtx.com/home/headlines/...un-Rights-Debate-Goes-On-Trial-227908691.html

Why is a deadlocked jury considered a mistrial? If you can't convince 12 people that the guy is guilty of a crime, he is not guilty, period. That's how it is supposed to work.

I think it was a jury of only 6. The charge they settled on is a misdomeaner unless I'm mistaken, but IMO it needs to be vehemently opposed none the less

I have mixed feelings about whether or not I'd like to see a retrial (which I understand to be optional). On the one hand, I would like to see a solid not guilty and a suit against the PD, as well as whatever criminal charges might apply, but on the other hand I'd like to see the prosecution drop it and concede there is no chance of a guilty verdict. Considering Mr. Grisham, it might be a relief to him for the whole thing to be dropped, as well.

But yeah, not even 6 people could be convinced to convict him of even a misdomeaner charge.


Edit: apparently they've already set a date for a new trial

MAC702 said:

Why is a deadlocked jury considered a mistrial?

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Unanimous decision in most, if not all states. If not, its the definition of a mistrial.

Learn something new every day .. when you die, you'll say "I know a lot! ugggh!"

A lone sole kept them from acquittal. After 16 hours of deliberation, this was the longest jury trial for a class B misdemeanor on record in Bell County.

Sounds like it was a circus to me - which doesn't surprise me. The only case I've ever been involved in was certainly a circus. People I've talked to that have personally been on a jury or otherwise involved in a case said basically the same thing. I don't understand how people have so much faith in our justice system.

http://watchdogwire.com/texas/2013/...for-aquittal-causes-mistrial-in-grisham-case/

"The video, according to lead prosecutor John Gauntt, Jr., clearly showed Grisham trying to “grab the gun” when Officer Ermis suddenly pressed the muzzle of a semiautomatic handgun to his neck, levered his body across the hood of his squad car and forced him down by his hold on the sling attached to the weapon. He then jammed the gun into his ribs."
...
"Members of the public will not get a chance to form their own opinion because the video has been placed under an extended gag order following the end of the trial. The judge assured the defense attorney that he would assess severe penalties if his order is ignored and the spectacle appears on Facebook or any other form of exhibition."

Wow. Could it be any more obvious...

Nightmare said:

A gratuitous slap at any Moslems on the jury.

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Are you drinking again?

stealthyeliminator said:

Are you drinking again?

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Using the word "again" implies that he stopped at one time...

I'm sorry - my comment was uncalled for But seriously, I don't know what he's trying to say. I'm beginning to find myself skipping over his posts, rather than try to decipher them. edit: (Maybe because Muslims are supposed to pray every so many hours, or something? Well, perhaps it should be clarified, 16 hours total, over the course of several days. The judge on day 1 was like, you're staying in there until you reach a verdict... And then I think he called it a day at like 5 o'clock or something. Perhaps the judge is the one drinking.)

Queue up a derogatory "you're just unlettered" statement... 3... 2... etc.

Anyway, back on topic...

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5 to 1 and one of the jury members was the wife of a police officer. Anyone want to guess who the hold out juror was?

skeith5 said:

5 to 1 and one of the jury members was the wife of a police officer. Anyone want to guess who the hold out juror was?

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I thought that was just a rumor. I haven't seen anything authoritative on that. Whenever I've seen someone ask about the validity, the question goes unanswered.

If it's true, though, that just makes the whole ordeal even more of a freaking circus.

CJ has commented about the jury makeup several times on his Facebook page. Unless he's not being truthful about it.

skeith5 said:

CJ has commented about the jury makeup several times on his Facebook page. Unless he's not being truthful about it.

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I must have missed his comments. I saw others commenting about it, but I haven't found his comments on it yet. Thanks for the clarification. I would not suspect that CJ is lying about any of that, and from some of the comments of the other jurors it seems a pretty likely case.

How did you like the bit about the toothbrush?

"From that upside down attitude, he continued to gain altitude, adding “You may call me a liar, and it’s true I do stand up to bullies. In fact, you can hold me in contempt of court. I brought my toothbrush.”

With that, he tossed the implement of oral hygiene on the defense table as the judge promptly said, “Overruled,” thus nixing the motion for his own ouster."

http://watchdogwire.com/texas/2013/...rled-as-lawyer-tells-judge-off-in-a-flourish/

:lol: Love it

http://gunwatch.blogspot.com/2013/11/tx-grisham-open-carry-case-shows-need.html?m=1
It seems that this article is saying there 5 guilty and 1 not guilty votes. I'm confused. Which was it?

stealthyeliminator said:

http://gunwatch.blogspot.com/2013/11/tx-grisham-open-carry-case-shows-need.html?m=1
It seems that this article is saying there 5 guilty and 1 not guilty votes. I'm confused. Which was it?

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5 guilty and 1 not guilty. It was initially misreported.

Sent from my SM-N900T using Tapatalk

Well, that's embarrassing.

stealthyeliminator said:

http://gunwatch.blogspot.com/2013/11/tx-grisham-open-carry-case-shows-need.html?m=1
It seems that this article is saying there 5 guilty and 1 not guilty votes. I'm confused. Which was it?

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Well, the link shows why good jury instructions should be prepared by the defense to aid the jury into coming to a correct verdict.
I have not seen the jury instructions so I don't know if the jury had good instructions or just ignored them.

I really don't like military guys on trial to be in their uniform myself, just a personal view.

He was not charged with a gun charge but of interference ... 5 v 1 1 v 5 .. does not really matter ~ he's getting a new trial I guess. Isn't that special...

The laws need to be changed to allow people to resist an unlawful arrest..that would toss this type of charge out of existence when the underlying charge is not pursued.

MAC702 said:

Why is a deadlocked jury considered a mistrial? If you can't convince 12 people that the guy is guilty of a crime, he is not guilty, period. That's how it is supposed to work.

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Agreed. A single holdout juror should qualify as "not guilty", and another trial is double jeopardy.

davidmcbeth said:

Unanimous decision in most, if not all states.

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This is true in practice today, but it is not consistent with the common law standards for jury trials.

Well, Texas law does allow you to use force to resist arrest if more force is used to make the arrest than is necessary AND if no resistance was given before more force was used than necessary.. From what I heard (judge has kept this as under-wraps as possible, apparently, wonder why) the police officer actually drew his pistol, and put it up to CJ's head, pushing him over the hood of his car. But, CJ might have offered what some might consider "resistance" prior that point.