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Hung Jury in California Police Abuse Trial

Aired January 30, 2004 - 15:22   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


MILES O'BRIEN, CNN ANCHOR: There's another hung jury in the case of police officer Jeremy Morse, accused of using unnecessary force in the arrest of 16-year-old Donovan Jackson some 18 months ago.
CNN's Charles Feldman joining us live now from our Los Angeles bureau with details on yet another hung jury -- Charles.

CHARLES FELDMAN, CNN CORRESPONDENT: Yes, Miles, a second time. It happened just seconds ago, the jury saying they were deadlocked 6- 6. And, as you're about to hear, the judge then said, hung jury.

(BEGIN VIDEO CLIP)

JUDGE WILLIAM HOLLINGSWORTH, SUPERIOR COURT: Juror No. 3, you're the foreperson. Is that correct?

UNIDENTIFIED MALE: Yes, your honor.

HOLLINGSWORTH: I received your indication that the jury was unable to reach a verdict. Has that status changed in any way?

UNIDENTIFIED MALE: No, Your Honor.

HOLLINGSWORTH: Do you believe with further deliberations or instructions or rereading anything of that nature, the jury may be able to reach a verdict?

UNIDENTIFIED MALE: No, Your Honor. I think there's no chance whatsoever.

HOLLINGSWORTH: OK. Anybody in the jury feel differently? No hands. OK. Could you tell me...

(END VIDEO CLIP)

FELDMAN: Now, this is, as I said, the second time -- you're still looking at live pictures at that courthouse near Los Angeles International Airport -- the second time a jury has failed to reach a verdict on this case, the case of a former Inglewood Police Department officer, Jeremy Morse, who, as you can see in this videotape that was shot by an amateur photographer, was seen, in the view of the prosecution, manhandling then 16-year-old Donovan Jackson, who was handcuffed.

The prosecution saying that it was abuse of authority, the defense saying that the police officer was doing what he needed to do because the young man was resisting arrest. But, as I just said, there have now been two trials. And twice, a jury has come back with a deadlock, unable to reach a verdict one way or the other.

Let me point out a little bit here, Miles, that Inglewood is a community that is about 45 percent black, about 45 percent Latino. This jury of seven women and five men had two jurors on it who are black. The first jury that deadlocked on this case had one African- American juror on it.

That first deadlock caused many people in the community of Inglewood to be very upset. The prosecution assured them that, the second time around, they would get a verdict. In fact, only a few days ago, the district attorney's office was confident that it would get a conviction in this case.

And there's a picture now, a live picture, of the officer, Jeremy Morse, again, a deadlocked jury -- Miles.

O'BRIEN: Charles, in the wake of that first hung jury, did it ever become evident if the dispute among the jurors, did that break down on racial lines?

FELDMAN: No.

And, in fact, as I mentioned, in this case, we just heard, the verdict was 6-6. And only two of the jurors were African-Americans. We don't know yet where the two black jurors on this particular panel came down, whether they were for or against conviction. So, we're going to have to wait to see if the jury will elect to speak to the press afterwards.

And we don't know, of course, whether or not prosecutors will try yet again to bring this to trial. Each time you do it, it becomes more and more difficult to win a prosecution, because, of course, you tip your case to the defense. So, prosecutors don't like to keep doing it, but they do have that option. And it's going to be up to them to decide what to do -- Miles.

O'BRIEN: And there is no limit on the amount of times prosecutors could bring this to trial.

FELDMAN: That is correct. Until there's a verdict one way or the other, they can do it as long as they think they can.

O'BRIEN: Charles Feldman in Los Angeles, thank you very much.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com






Aired January 30, 2004 - 15:22   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
MILES O'BRIEN, CNN ANCHOR: There's another hung jury in the case of police officer Jeremy Morse, accused of using unnecessary force in the arrest of 16-year-old Donovan Jackson some 18 months ago.
CNN's Charles Feldman joining us live now from our Los Angeles bureau with details on yet another hung jury -- Charles.

CHARLES FELDMAN, CNN CORRESPONDENT: Yes, Miles, a second time. It happened just seconds ago, the jury saying they were deadlocked 6- 6. And, as you're about to hear, the judge then said, hung jury.

(BEGIN VIDEO CLIP)

JUDGE WILLIAM HOLLINGSWORTH, SUPERIOR COURT: Juror No. 3, you're the foreperson. Is that correct?

UNIDENTIFIED MALE: Yes, your honor.

HOLLINGSWORTH: I received your indication that the jury was unable to reach a verdict. Has that status changed in any way?

UNIDENTIFIED MALE: No, Your Honor.

HOLLINGSWORTH: Do you believe with further deliberations or instructions or rereading anything of that nature, the jury may be able to reach a verdict?

UNIDENTIFIED MALE: No, Your Honor. I think there's no chance whatsoever.

HOLLINGSWORTH: OK. Anybody in the jury feel differently? No hands. OK. Could you tell me...

(END VIDEO CLIP)

FELDMAN: Now, this is, as I said, the second time -- you're still looking at live pictures at that courthouse near Los Angeles International Airport -- the second time a jury has failed to reach a verdict on this case, the case of a former Inglewood Police Department officer, Jeremy Morse, who, as you can see in this videotape that was shot by an amateur photographer, was seen, in the view of the prosecution, manhandling then 16-year-old Donovan Jackson, who was handcuffed.

The prosecution saying that it was abuse of authority, the defense saying that the police officer was doing what he needed to do because the young man was resisting arrest. But, as I just said, there have now been two trials. And twice, a jury has come back with a deadlock, unable to reach a verdict one way or the other.

Let me point out a little bit here, Miles, that Inglewood is a community that is about 45 percent black, about 45 percent Latino. This jury of seven women and five men had two jurors on it who are black. The first jury that deadlocked on this case had one African- American juror on it.

That first deadlock caused many people in the community of Inglewood to be very upset. The prosecution assured them that, the second time around, they would get a verdict. In fact, only a few days ago, the district attorney's office was confident that it would get a conviction in this case.

And there's a picture now, a live picture, of the officer, Jeremy Morse, again, a deadlocked jury -- Miles.

O'BRIEN: Charles, in the wake of that first hung jury, did it ever become evident if the dispute among the jurors, did that break down on racial lines?

FELDMAN: No.

And, in fact, as I mentioned, in this case, we just heard, the verdict was 6-6. And only two of the jurors were African-Americans. We don't know yet where the two black jurors on this particular panel came down, whether they were for or against conviction. So, we're going to have to wait to see if the jury will elect to speak to the press afterwards.

And we don't know, of course, whether or not prosecutors will try yet again to bring this to trial. Each time you do it, it becomes more and more difficult to win a prosecution, because, of course, you tip your case to the defense. So, prosecutors don't like to keep doing it, but they do have that option. And it's going to be up to them to decide what to do -- Miles.

O'BRIEN: And there is no limit on the amount of times prosecutors could bring this to trial.

FELDMAN: That is correct. Until there's a verdict one way or the other, they can do it as long as they think they can.

O'BRIEN: Charles Feldman in Los Angeles, thank you very much.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com