Wednesday, February 20, 2008

Mark Jensen Murder Trial: Day 31, Deliberations Day Two

Day 31 - 2/20/08

Update 5!
Verdict watch: Deliberations Day Two
The jurors are back hard at work. We've heard nary a peep out of them this morning. This is a stark difference from all the requests the court had yesterday. They've been deliberating about two hours so far this morning, and we continue to wait.

Just to recap for you, here is Intrepid's list of all the exhibits the jurors asked for yesterday:

Ed Klug's testimony at forfeiture hearing in August 2007
Letter from Jambois to Albee, redacted
Aaron Dillard's letter
Transcript of Mark's interview with Det. Ratzburg up to Page 140
Julie Jensen's Autopsy photos
Photo of post-it note in Mark Jensen's planner
Mark and Julie's day planners
Stiffel memo in Mark's handwriting, "Note to school" found in garbage at Stiffel/Nic
Prison note found in toilet
Notes from Julie's log
Photo of Julie in bed
Julie's letter (given to the neighbor)
1991 divorce papers
The photos taken 12/3
April 1999 interview Mark Jensen, redacted
Blank calendar November and December
Julie's resume
Temporary net files
PowerPoint of internet files
Julie’s medical records
E-mails from Mark & Kelly
Letter from Dillard to lawyer, redacted
Julie’s transcripts from school
Evidence from the October, November and December Calendars - redacted (we're not sure about this one)

Stick with us everyone. We will bring you the latest as soon as something happens in the courtroom.

Update: 11:06 am
The jurors are asking for more evidence.

Here is a list complied by ritanita, as to what the jury is asking for now:

Julie's log (phone logs)
Ameritech letters (these were "loose items" removed earlier )
Friend's friendship calendar from Dr. Spiro's cross. (Never into evidence. Can't be used.)

And that's it. We're back to watching the clock. Oops! Not done yet. It's Albee again! Albee asks that the jurors should be told they should be informed that they are free to go past 5 if they want to.

Jambois feels that we should not interfere with jury deliberations.

Albee feels each member should be able to say "enough" when they want. Albee is still trying to second guess what is in the thought of jurors, who might be older and unable to put in a full day of deliberations.

ritanita: He's really pushing for an accident!

Judge Schroeder disagrees, and goes back to explain his experience in prior juries. He does not join in Albee's fear at all.

Albee still comes back with more argument, feeling that each individual juror should have an option to stop deliberations after 8-9 hours. "They shouldn't be at the mercy of the majority."

Judge Schroeder still disagrees. Judge slams on the "older" comment. There is no prohibition to getting notes from different jurors. He's never, ever heard that a juror was held against their will! They went this whole trial, and not once, not a single time late with all 19 jurors.

And then we lost the feed.

Per Jean Casarez:

Ameritech communications.
Telephone logs kept by Julie from 1991-1998
Friendship calendar (denied)
Mark Jensen's medical reports
All of the toxicology reports

I'm not really sure "when" this was argued, but ritanita grabbed it so I know this was discussed:

Dr. Borman's letter re: Mark Jensen was admitted with Julie's but were not sent back.

Albee objects. Borman didn't have enough examination about them.

Judge says he had the chance to do so.

Albee says they are illegible.

Judge.. you didn't say that yesterday about Julie's records!

Thanks ritanita!
Update: 11:45 am
Jambois is going over the tox. reports. He and Albee disagree. St. Katherine's lab mention minerals in vitreous humor.
Photograph of bottle containing Julie's gastric contents.

Jambois wants them, Albee doesn't consider them toxicology reports.

Judge: Dr. Rumack id’d vitreous as a central ingredient to check and Dr. Mainland disagreed with that. If your own expert agreed that this is something the jury must consider, necessity must allow it.

Judge's line of the day... to Albee...

"You have a bushel of apples discussed yesterday and comparing them to the bushels of oranges discussed today."

A chemistry panel must be considered as part of a chemical opinion. The judge quotes Dr. Rumack to Albee again! Albee says Rumack said there are no toxic chemicals in the vitreous humor!

The judge says they ask for "all of it" and they'll get "all of it."

Albee is asked by Jambois if he wants to make a Venn Diagram!

The photo of the gastric contents isn't going in!

Jury has passed the 18-hour mark for deliberations... LinZbee
Update: 3:22 pm
This update courtesy ritanita, donchais, intrepid:

Latest request:

Therese DeFazio's statement - but it wasn't received in evidence so it doesn't go to them

Albee renews his request that the judge tell the jurors - each individual juror! - they can call it a day when they want to.

Jambois disagrees. Says, "Leave 'em alone".

Judge said, "well if they were taking evidence they wouldn't be able to say, 'well, let's go home'". Judge says he's confident that if anyone feels "opressed" they will let him know.

ritanita: I'm sick and damned tired of whiny baby Craig Albee.

Judge asks them to stay in the building in case of question or verdict, and he's scared of the media! The judge is lonely there!

Jambois wants dinner, though!

LinZbee: Judge is reminding Albee how long the average work week was in the olden days - 60 hours average. Get over, it Craig!

Xspectorant: Yep! Another night wasted for Jamb and Albee. No steaks, wine and cuban cigars for dinner tonight!!!

bchand: Can't you just see MJ laughing along with them all, as if he's a normal human being? Yuck..

Update: 4:15 pmdonchais here

At 6:05 pm, CST the jury sent a note to Judge Schroeder saying they want to leave at 7pm and return at 8:30 tomorrow!

They say they have made progress! Whoopie!

The Judge will bring the jury in for the usual admonishment before they leave.

Stay tuned!
Update: 5:10 pm
donchais here

Judge releases the jury with admonishment. Alternates are still with us. Return at 8:30 am CST, tomorrow!

Woohoo! East coast folks, get to bed early tonight!

Sleep tight all you trial junkies!

WISN Live Feed to the courtroom.