Thanks for the details. I look forward to your update after the case.
OK. Here goes. We ended deliberations on Wednesday and submitted the Verdict.
The case started middle of May and the closing arguments finished up on June 26th. So we were there basically 5 weeks for testimony. It was a case where the prosecutor charged the defendant with first degree murder, felony burglary, felony robbery, felony sexual penetration, felony torture, special circumstances - torture and special circumstances - using a deadly weapon (hammer). The crux of the case was that the victim didn't actually die from the beating she took but died about a week later in the hospital due to a DVT that broke loose and caused a pulmonary embolism. So the defense argued that the hospital care the victim received was sub-standard and that is what caused her death rather than the severe beating that the defendant put on the victim.
When the charges were first given to us (the jury) I was really thinking the prosecutor overstepped their bounds on a first degree murder charge. I was under the impression to get first degree murder you had to have intent to kill someone and seeing as the victim died of a PE a week after she was assaulted I thought it would be an uphill climb. However, as it turns out if there is a death caused by actions during the commission of a felony by law the person committing the felony (any anybody involved in the felony) is charged with first degree murder even if there was no intent to kill.
The perpetrator (and a partner) broke into the house of a woman in the morning while she slept. Went straight to her room and started beating her. In the process they stole about $200 in change, sexually assaulted her, strangled her three times to the point of her passing out and then fled the scene. It was a gruesome beating. The facts of the case were fairly straight forward. Lots of DNA evidence that one of the perps (the one we were ruling on - there was a separate jury for the second guy) did all the beating and breaking into the house. He was found with the stolen money. He admitted to beating and sexually touching the victim in his interrogation. But said he was only trying to make her "faint" so she wouldn't identify him. Fairly cut and dry that this was the guy that did the assault. That was never really in question. The question was weather or not he was truly responsible for the death.
In the course of the hospital stay the victim has internal bleeding, went into A-Fib (she had a history of it) and ended up developing a blood clot in her calf (DVT) that eventually broke loose and killed her. The defense was trying blame the hospital care since she first developed "cramping" in her leg (no swelling) a couple days before she died. The doctors monitored it but didn't want to give blood thinners because of her internal bleeding from the assault. During one of the nights the pain got worse and swelling occurred and a nurse tried to page the on call doctor for that night (about 9pm). The page was not returned and the nurse continued to monitor. The swelling remained stable and the pain subsided once the legs were elevated. The next morning the day doctor examined the victim and found the swelling and another possible sign of DVT and ordered an ultrasound. The DVT was found and they started on some blood thinning drugs (we are now 5 days removed from the beating and they felt it was safe to give the medicine as the internal bleeding had subsided. This seemed to work as the swelling went down (as did the pain). About 24 hrs later the victim went into cardiac arrest and they couldn't bring her back.
The crux was the causation of the death. The medical examiner concluded the chain of actions leading to her death started with the beating causing the victim to have prolonged bed rest (increasing risk for DVT) as well as the internal bleeding causing her system to go into a "coagulative state trying to stop the bleeding (also increased risk for DVT). These items led to her developing the DVT which eventually broke loose and killed her. So although the mechanism of death was the PE caused by the DVT the cause was the initial beating that led to bedrest, internal bleeding, and the DVT. That was the case for the prosecutor.
We deliberated for a little under two days with the two main discussion points being whether or not the hospital was grossly negligent or did the beating directly lead to the circumstances causing the DVT & death. We ultimately came to an agreement (based on the 60+ pages of jury instructions regarding the charges and what had to be proven for them to apply) that the defendant was guilty of felony burglary, robbery, sexual penetration, and torture. Since he was found guilty of that and his acts during the commission of these offenses led to the death of someone he was guilty of first degree murder. The only charge we couldn't come to an agreement on was the special circumstances of torture because that required us to agree that the defendant had intent to kill during his actions. We couldn't come to unanimous decision on that count. Regardless the guy is facing life in prison with no possibility of parole.