Flickr.com Photo At 4:30 PM, the jury was expected to return to discuss scheduling matters, since one of the jurors--I think it was the guy I call "The Tall Gopher"--had a medical appointment he could not reschedule...
There had been discussion about this around 2 PM, but it was agreed the jury should keep deliberating, scheduling matters could be discussed at 4:30. Meanwhile, the young and kindly-faced deputy informed Judge Chu about another issue with one of the jurors: her "mentally challenged" daughter was worried about the absence of her mother, and with the confiscation of all juror cell phones, the mother was unable to stay in touch.
Sitting there, one could not help but think THIS JURY, THIS JUDGE, THESE LAWYERS HAVE GIVEN UP SO MUCH OF THEMSELVES FOR THIS CASE.
The issue of the "mentally challenged" daughter was finessed, somehow. At 4:30, I returned hoping to find out who the foreman of the jury was. The wife of identity theft victim John Foster blurted out the news: did you hear?! GUILTY OF ALL 18 COUNTS! THEY TOOK HIM AWAY IN HANDCUFFS! She spoke of the moment it had happened, how she'd been standing by the fountain and, upon hearing word, the tears began to flow.
If I had any veneer of bloggy objectivity left, I lost it at that moment. I hugged her. She said she was sorry I'd MISSED it, but she didn't have my PHONE NUMBER. I said, "Better I should miss it than you, as long as you've waited for this."
At that moment, Defense Attorney Larry Reed sat at the defense table, and instead of slouching outward, per the usual, he slouched INWARD. Larry Maxwell was nowhere to be seen. Was his head, even at that moment, being put on a pole? Reed was twiddling his thumbs, looking contemplative.
According to John Foster's wife, as the deputy approached with handcuffs Larry Reed asked "What are you doing?" and pointed out Larry Maxwell was free on bail. The Judge said something like, "He's been found guilty. Take him into custody."
The jury had returned to deliberate the "Blakely" aggravating factors. The clock on the wall crept toward 5 o'clock, right where it had been when Reed had concluded his closing arguments the day before.
To the right and left of Judge Chu, there are doors. The sheep go to the right of the judge, the goats go to the left. The jury meets in a room off to the right, but defendants in handcuffs are taken away to the left. Though John Foster's wife (whose name is NOT "Mrs. Foster") had confirmed it was the young, kindly-faced deputy who put Maxwell in handcuffs, Maxwell emerged from the "goat door" with two other deputies, both in their mid- to late-40s, one with a shortly-clipped mustache. Maxwell was rubbing one of his wrists as he emerged, but not wearing cuffs.
Maxwell took a seat, again. The deputies flanked him or (one might say) OUTFLANKED him, each about 15 feet away. Maxwell wasn't going out into the HALLWAY, let alone sunny Mexico. One of the deputies whispered "71 Bravo" into his radio.
A written question came back from the jury in regard to the Blakely factors. The jury is indeed in agreement that Blakely factors are present, but not all jurors agree on all the same factors from a list consisting of "a through d." Some agree A and B are present, others say B and C.
Naturally, Brad Johnson argued that agreeing on SOME elements is fine. Larry Reed argued that...
Wait for it. Wait for it.
That it really wasn't fine AT ALL. I swear, can these two agree on ANYTHING?
Judge Chu said this matter needed research, and she wasn't going to make the decision "off the cuff." The definition requires "two or more" be present. The question of whether all the jurors could find two or more, but not the SAME two or more...well, this is how lawyers earn their money, but making finely-wrought distinctions. "Duh!" is not a legal argument, except perhaps when one is reduced to "arguing equity."
The lawyers should research this matter, Chu said, and be prepared to argue it at 10 o'clock the next day. Is that plan acceptable?
"If that's what you ordered, that's the plan," Reed answered. Too bad he was still $100 in the hole, though, because the attitude adjustment hadn't come much, much earlier in the game.
Reed argued for his client to remain free on bail or at least be allowed to close his house, move his car off the street, and "wrap up his business."
"His conduct shows he is able and willing to show up," Reed argued. "At least give him 24 hours to get his car off the street."
Chu answered Reed was guilty on all 18 counts, therefore "his status is different." He was going into custody. She ordered the deputies to fulfill her orders.
"OK, let's go," said the deputies, and Maxwell stood up--with a degree of dignity, which is really all you've got left at moments like this--and walked through the "goat door." Somehow, I had the feeling a defense attorney just came into possession of a car. Was it nice, I wondered? What year and model was it? Was there anything cool left in the glove compartment?
When the jury came back, the only one holding any papers was the guy I call "The Businessman," the one who'd won a church chili cook-off with a recipe he found on the internet. Judging by the papers, I assumed he had been made foreman by his peers. See, this is what happens when you wear a necktie every day and offer to share your cooking secrets.
Apparently, at the end, it was a fellow businessman who took the lead role in finding Larry Maxwell guilty, guilty, eighteen times guilty. If Mawell's gunna cook up any more scams, they will surely involve cartons of cigarettes.
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