Kyle Rittenhouse Trial: Requesting Drone Video Suggests Possible Hung Jury?Posted: November 17, 2021
Generally, the more questions a jury asks during deliberation, the more likely a hung jury. The more time a jury deliberates, the more likely a hung jury.
Kyle Rittenhouse’s claim of self-defense may have just been complicated by the juror’s request to see the drone videotape which may indicate self-defense requiring an acquittal or, provocation requiring a guilty verdict. The jury has previously asked for copies of the jury instructions. Typically, video evidence is replayed to the jury in open court, but, the decision is up to the judge.
Either way, it may not be a good sign for the prosecution or the defense, if either expected a quick verdict.
Furthermore, when lesser included offenses are added after evidence has been submitted, it may complicate matters for one or more jurors who may have been viewing the evidence under the charges they were given at the beginning of the case. It’s as if they introduced a new character to a movie in the last 5 minutes. The jury may want to re-visit evidence in light of the lesser included and the jury instructions, both of which will take some time. And, they may want to take their time with the evidence given it is a hotly contested case.
No doubt, there is much discussion on the elements of self-defense and whether provocation occurred to eliminate Rittenhouse’s claim of self-defense. It may be a one-or-the other decision for each juror. Keep in mind, all 12 jurors have to agree to a verdict of not guilty or guilty as to each count, otherwise, it is a hung jury and the case could be re-tried.
Simply my opinion, what say you?