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Original Post
After 13 days of deliberation in the terror trial of Tampa Professor Sami al-Arian, the jury announced it had reached verdicts on two defendants in the case but may be deadlocked on two others. Over defense objections, the judge issued an Allen charge to the jury, also known as a dynamite charge.
The judge has not said which defendants the jury is undecided about.
Just after 4 p.m. the jurors left for the night and will begin day 13 of their deliberations at 8:30 a.m. today. The trial began in June and included more than 80 witnesses. Al-Arian, 47, a former University of South Florida computer professor, and three others are charged with, among other things, conspiracy to murder and maim people outside the United States, conspiracy to commit racketeering and conspiracy to aid a terrorist organization, the Palestinian Islamic Jihad. The 51-count indictment alleges several less severe charges. The defendants maintained from the start that they are advocates of Palestinian causes but did nothing to support terrorism or violence. The case was built largely on wiretaps, e-mails and documents seized from the defendants.
Whichever way it turns out, al-Arian's defense lawyer Bill Moffitt of Washington, DC did a yeoman's job in the case. TalkLeft background on the case is here.
Here is the relevant portion of the 11th Circuit pattern instruction on deadlocked juries:
"If a substantial majority of your number are in favor of a conviction, those of you who disagree should reconsider whether your doubt is a reasonable one since it appears to make no effective impression upon the minds of the others. On the other hand, if a majority or even a lesser number of you are in favor of an acquittal, the rest of you should ask yourselves again, and most thoughtfully, whether you should accept the weight and sufficiency of evidence which fails to convince your fellow jurors beyond a reasonable doubt...." Eleventh Circuit Pattern Jury Instructions, Criminal (West 1997) p. 434.
Here is a portion of the ABA model,
"It is your duty, as jurors, to consult with one another and to deliberate with a view to reaching an agreement, if you can do so without violence to individual judgment. Each of you must decide the case for yourself, but do so only after an impartial consideration of the evidence with your fellow jurors. In the course of your deliberations, do not hesitate to reexamine your own views and change your opinion if convinced it is erroneous. But do not surrender your honest conviction as to the weight or effect of evidence solely because of the opinion of your fellow jurors, or for the mere purpose of returning a verdict.