Today is day 10 of the Nick Martinez jury trial. This time includes jury selection, evidence and deliberations. This is a 2020 case. Ms. Andrea Sullivan was court appointed to this case in January 2024 after Conflict Counsel declared a conflict.
Jurors informed judge around 11:40 about status of deliberations. Verdict to be read at 1:30. Based on the readback requested, I have a feeling about the verdict. I will be in the courtroom this afternoon.
After lunch, before the jury was brought back, Judge Steven Steward told Ms. Andrea Sullivan, Nick Martinez, Deputy District Attorney Whitney Timm and DA Investigator Ryan Hill that jurors asked for readback of Jane Doe's testimony in the shed. Count 1 is the alleged incident in the shed. That note is Exhibit #5. The jurors had also requested readback of Jane Doe's testimony yesterday along with witness Elena Lopez and DA Investigator Hill's testimony.
Judge Steward said he got a second note, Exhibit 6 at 11:40 and jurors informed him they were unable to come to an unanimous decision on two of the four charges.
Read what I wrote on 4/14. This was before I knew what readback was requested or the status of where jurors were today.
Ms. Sullivan won a key motion about Jane Doe before evidence was presented. One of the possibilities I mentioned was a mixed verdict. I was correct. The People made offers before trial to resolve which was an indication that the DA's office knew what could happen with a jury. Yet they chose to amend charges and put Jane Doe through a trial. Sentencing and trial setting is scheduled for 4/23. Is the DA going to waste more resources and retry this case. I can cite Ray Christie and Deirdre Peterson which are only two examples of failed attempts by the DA's office spanning over two decades.
There are several molestation and child porn cases more recent that need to have a preliminary hearing or go to trial. The DA's office needs to focus on those cases.
Judge Steward said he would poll the jury about the two charges without asking about the guilty or not guilty breakdown, just the numbers to determine whether they were hopelessly deadlocked. Ms. Timm wanted jury instruction 3551 to be read to the jury.
Before the jurors entered the courtroom, Judge Steward wanted attorneys to be aware of an incident at 10 a.m. in the hallway today. "Mr. Martinez asked me if he could take a break." Judge Steward instructed him to speak with his attorney. Jury services informed Judge Steward that one of the new staff members dropped off coffee to the jurors and no bailiff was present. Ms. Timm asked the names of the staff members be put into the record.
The jury was made up of 5 women and 7 men. The jury foreperson told Judge Steward they could not reach an unanimous decision, split 10-2 after multiple votes on Count 1 PC 288 (a) lewd act upon a child and Ct 4 PC 311.11 (a) possession of child porn. The jury foreperson did not have.an exact number of ballots but said "multiple attempts" had been made at trying to come to an unanimous decision about Count 2 and 4.
At 1:52 Sent back to deliberate after being polled. The split does not indicate how many guilty or not guilty, just the numbers.
3:15 Further deliberations did not help. The jury came back this afternoon with not guilty on Count 2, PC 288 (a), guilty on Count 3 PC 647 (j) (1) criminal invasion of privacy , still hung on Count 1, PC 288 (a) and Count 4 PC 311.11 (a) possession of child porn. The hung jury was 10-2 with majority leaning towards conviction.
Count 3 is the least serious of the four charges. It involves Jane Doe, who is Martinez' niece, in the shower. Martinez has a 2020 assault & battery case which was trailing this sex offense case.
Jurors did not stick around to speak to anyone.
4/15 court minutes:
Assault & battery case:
Previous posts:
https://johnchiv.blogspot.com/2024/04/defense-wins-key-motion-about-jane-doe.html?m=1
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