The Sheila Dixon Trial: Stage five is over, stage six is in progress

Stage Five, closing arguments, was completed yesterday. Stage Six, jury deliberations, started yesterday, continued today (Friday) and will continue on Monday.

Stage Five: Closing Arguments

Closing arguments are given by each side after all the evidence has been introduced during the trial. This is the opportunity for each side to argue the evidence to the jury and what the evidence shows. Because the State has the burden to prove the charges beyond a reasonable doubt, the State has the opportunity to speak first and last.

Closing arguments went as expected. Details of the closing arguments are provided here. What is more interesting is Stage Six, jury deliberations, because the public only has hints of what is going on behind closed doors, through the questions that come from the jury.

Stage Six: Jury Deliberations

After closing arguments, the judge gives the jury instructions about the case, the elements of each of the charges, the State’s burden of proof, the defendant’s right to remain silent, and how to evaluate the evidence in the case.

The jury deliberated for part of Thursday and all of Friday (today). Their questions about elements of the crime indicate to me that there is probably a split among the jurors as to guilt or innocence. Their request to terminate deliberation today also proves that there is a split in the jury. The note read, "Things are getting a little overheated. May we be dismissed for the day?"

It is very difficult to predict which way a jury split will go. Guilt or acquittal need to be unanimous with the jury, meaning all twelve people must agree she is guilty or not guilty on each of the five charges. If the split continues, it is a hung jury, and the State has the option to try to Dixon again with a different jury.

The O.J. Simpson trial lasted the better part of a year. Yet it took the jury less than four hours to return a verdict of not guilty. Given the Dixon defense’s contention in closing argument that the prosecution brought a “worthless case.” It appears that the jury disagrees. Otherwise, one could argue that they would have come back with a not guilty verdict already.

But the reason why jury verdicts are sometimes hard to predict is that much depends on how long, if there is a split as it appears, will the jurors maintain their opinions or relent?

There are four possibilities: (1) those in favor of finding Dixon guilty convince those opposed, or those opposed give in to end their service on the jury and return to their lives; (2) those opposed to finding Dixon guilty convince those in favor, or those in favor give in to end their service on the jury and return to their lives; (3) the jury does the equivalent of “splitting the baby” and finds Dixon guilty of one or more charges, and not guilty of the remaining charges; or (4) the jury stalemate continues, and there is a hung jury.

As a practicing attorney, I gave up a long time ago trying to predict jury verdicts. There are always surprising verdicts. We may be surprised at what the jury in the Dixon case decides.

For more on the Sheila Dixon Trial, see:

The Sheila Dixon Trial: Stage one, jury selection is complete

The Sheila Dixon Trial: Stage two, each side gives opening statements

The Sheila Dixon Trial: Stage three, the State has presented its case

The Sheila Dixon Trial: Stage four, the defense rests without calling Dixon.

Dilip Paliath has a general law practice in Towson. For more information, see www.paliath.com.