2/ The developments in court today - when the jury sent two questions to the judge on their first day of deliberations - may turn out to be a positive sign for Combs for two reasons, Mitch Epner, a New York-based lawyer and former prosecutor, tells me.
3/ "First, it is unusual for the jurors to send a note to the judge this early, other than asking for logistical help. Second, this note indicates that there may already be a breakdown in the deliberative process," he says. A conviction requires all jurors to unanimously agree on a verdict.
4/4 It is unclear why fellow jurors are concerned with juror No. 25, or why they are having trouble following the judge's instructions. Epner says that a juror can be removed for refusing to deliberate on a case, but cannot be removed for "having come to a fixed conclusion about the proper verdict"
What is the distinction between "refusing to deliberate" vs "having come to a fixed conclusion?" Would refusing to deliberate be refusing to vote or render a verdict at all?
Here is a link to the case where the Second Circuit attempted to explain the difference between "refusing to deliberate" (valid basis to kick a juror off of a jury) and "having come to a fixed conclusion" (invalid). US v. Baker 262 F.3d 124 (2nd Cir. 2001) scholar.google.com/scholar_case...
as recorded by @innercitypress.bsky.social during voir dire: Juror 25: I have a PhD in molecular biology. I listen to NPR. I like documentaries about climate change. My domestic partner, he is a graphic designer. doesn't seem like there's a language barrier or cognitive issue