The line may well have been drawn in the sand as both sides of the jury squared off today. There was an early jury question this morning about procedures for dealing with a deadlock. Like so many of my friends the jury is divided and both sides are immovable. I could have predicted this outcome.
Should the jury inform the judge of a deadlock, he will do all he can to get the jury united with special deadlock jury instructions. The jury will have to spend yet more time in the same room as they begin to hate each other. We will all wonder how the vote is split. A heavy majority each way may determine if the case is retried.
Nobody wants to try this tar baby case again!
Update: The jury went home for the day and left no clues to help us understand their direction.