VISALIA, California (KSEE) – On Monday, a shocking development in the trial of a woman who admitted to killing her ex-husband and Exeter Police Officer back in 2015 could mean a hung jury.
A juror stated to the judge that one of the others would not agree on first-degree murder and that he or she would not change their mind.
“One of the jurors stated,” said Tulare County Assistant District Attorney David Alavezos. “The statement was made on the very first day that the jury was going to be hung because that person wasn’t going to change their mind. That was on the first day. We were trying to get more information but just so you know.”
Alavezos asked the judge to step in and find out who said it because stated one of the jurors isn’t willing or capable to deliberate.
However, 33-year-old Erika Sandoval’s lawyer Dan Chambers argued the statement could be a rumor.
“Here we have a comment from a juror who isn’t happy that someone doesn’t see his way without any indication from the floor person,” said Chambers.”With no note saying someone can’t do their job. I think that to start down that road is going to be a complete mess for appeal.”
So what’s next? The jurors can either decide to unanimously convict Sandoval of first-degree murder, unanimously enter a verdict of not guilty of first-degree murder and move onto a different change, or the judge can discuss whether or not to take action regarding the juror if more evidence is provided.
For now, Kalashian said he will not take action and allow them to deliberate more.
“I am not going to inquire anymore at this point. We will see what happens,” said Kalashian.
If it is a hung jury, it would be declared as a mistrial, a new jury would have to be chosen and the trial would begin again from scratch.
Deliberations continue tomorrow at 9 a.m. in Department 14 at the Tulare County Superior Court.
ICT in the trial of Erika Sandoval.
The Tulare County woman is accused of killing her ex-husband, Exeter Police officer Daniel Green, back on Feb. 6, 2015.
The judge asked the jurors to keep deliberating and reread jury instructions and be open to others’ thoughts. This is day four of deliberations.
Sandoval testified during court to shooting and killing her ex-husband Daniel Green.