Defense motion to dismiss denied in Ray Christie's case

Ruling on the defense motion to dismiss in Ray Christie's case was denied by Judge Christopher Wilson. 

Mr. John Cogorno, one of Christie's attorneys, said the ruling will be appealed via writ to the First District Court of Appeal. 

Defense filed a 14 page supplemental motion to dismiss all counts now that Exhibit 3 has been unsealed pursuant to double jeopardy, collateral estoppel and fundamental fairness and asks the Court to dismiss all 42 counts. 

The theme of Christie's attorneys getting on Judge Wilson's last nerve and the subsequent tongue lashing in this case was at a level unseen before.

There was some back and forth between Judge Wilson and Mr. Cogorno as defense was presenting oral arguments. It was about jury deliberations, juror misconduct, particularly Juror #7 and 5. I am including highlights of the exchange.

Judge Wilson told Mr. Cogorno that a defense motion by  Christie's other attorney, Mr. Ken Bareilles had been denied. 

Mr. Cogorno said that "on page 12, Ken asked the Court to declare a mistrial. He asked the Court to replace Juror #5 with an alternate juror.

"Were those verdicts accepted by the Court," asked Judge Wilson.

"No," said Mr. Cogorno. He went on with why he believed a mistrial should have been declared.

"Or to replace the juror who engaged in misconduct," said Judge Wilson.

"We are saying that the juror should not be removed," said Mr. Cogorno. "The notes speak for themselves."

"I agree with you completely," said Judge Wilson. "The notes were egregious misconduct. The juror saying I am going to vote guilty on half and not guilty on the other half to be fair."

"The juror was told not to reveal how the jury stood on guilty/non guilty," said Judge Wilson. "I have never seen a clear case of juror misconduct in my 22 years on the bench."

"There was a lot of intimidation by Juror #7, who is the foreperson," said Mr. Cogorno. "She said she is pressed for time. The jury needs to get on. Juror #5 was removed improperly."

Deputy District Attorney Steven Steward and Deputy DA David Moutrie are prosecutors for the case. Mr. Moutrie was in court today. Mr. Steward has not appeared on the case for several hearings.

"Double jeopardy did not attach," said Mr. Moutrie. He said there was no oral affirmation by the jurors. Mr. Moutrie said whether foreperson was too aggressive, there is case law that says the Court "should not dive into the inner workings of the jury."

"Juror #7 did not want to accept Juror #5,'s verdict because it wasn't going her way," said Mr. Cogorno. "There was manipulation by Juror #7."

Judge Wilson accused Mr. Cogorno of manipulating the jury in his opening statement with regards to penalty and punishment. "You said felony and the People did not object." 

"You said felony more than once," said Judge Wilson. "It was clearly an attempt to manipulate the jury regarding for penalty and punishment."

Judge Wilson said that defense tactic worked. There were no verdicts on the felony counts.

Regarding Juror #5, Judge Wilson said, "My regret is I did not remove her earlier."

"I did not accept verdicts tainted by conduct of juror #5," said Judge Wilson.

"There were no non guilty verdicts all jurors agreed upon," said Judge Wilson. "Are you asking me to accept the verdict they found your client guilty of which 12 jurors agreed upon?"

"This is a very difficult jury deliberation," said Judge Wilson. "I have to be hands off as far as that is concerned. There was a taint to the jury relative to penalty and punishment."

In previous coverage, it has been mentioned that the motion to dismiss was based on double jeopardy as well as Exhibit 3, a jury note, being unsealed.

Mr. Cogorno and Christie appeared via Zoom.  Bareilles has not appeared on this case for a while.

Trial confirmation is scheduled for July 26; jury trial on August 9.

There was live coverage about jury deliberations of the previous trial and previous coverage about issues covered in this hearing have additional details.

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