The Ottumwa Courier

Wapello County

February 10, 2014

Deadlocked juries don't produce clear advantage in retrials

(Continued)

A prosecutor might file for a lower charge in an attempt to lower the bar for conviction, but Hughes said that’s not particularly likely. It’s generally much easier to lower the seriousness of the charges than it is to raise it, and charges must frequently be filed before the full prosecutorial investigation is completed.

“There’s some disincentive for them to undervalue their case,” she said.

There’s also no clear answer whether one side generally benefits more from a mistrial. If a defendant testifies in the original trial, prosecutors can use that testimony to pick apart his credibility in a retrial. The defense can do the same with prosecution witnesses.

Then there’s the strain on family members, witnesses who must re-live experiences from the stand and the uncertainty felt by the defendant. All of those factors can have an effect on how jurors view the case.

It’s important to remember that not all mistrials are the same. A mistrial due to an error by one of the attorneys in the case has different implications than one caused by a hung jury. And the circumstances of each individual case make it hard to generalize.

“I don’t think there’s one blanket thing you can say about all mistrials,” she said. “I think that it really comes down to the specific case.”

Text Only
Wapello County
  • 0617 OTT Wapello Co Fair color photo -L -M Come one, come all to the Wapello County Fair

    ELDON — The Wapello County Fair is just around the corner, kicking off with entries being welcomed at Wapello Hall and the Iowa Agricultural Hall from 5-7 p.m. Wednesday. On Thursday, entries for competition will be received from 8 a.m. to 3 p.m. at

    June 16, 2014 1 Photo

  • Siegel, Rubel face off in forum OTTUMWA — For Steve Siegel, a political campaign is nothing new. For Tom Rubel, being the candidate is a first. Now they want the same job. Siegel and Rubel are seeking the Democratic nomination for SD 41, the Iowa Senate district which includes Ottu

    May 29, 2014

  • 0530 OTT Oak tatters picture color Oak leaves left in tatters

    OTTUMWA — Trees throughout Iowa have been terrorized by the likes of Emerald Ash Borer and other dangers in the past months and now oak trees throughout Iowa are in a little bit of more trouble because of a disease called oak tatters. Thankfully, tho

    May 29, 2014 2 Photos

  • Help fight hunger OTTUMWA — The groups began with a question: How to better help Wapello County residents who don't have enough decent food. Next week, they'll decide if they've found any answers. The food security project, Growing Wapello Together, had small groups m

    May 28, 2014

  • Attempted murder trial set for July KEOSAUQUA — The Van Buren County man accused of attempted murder could head to trial in a remarkably short time. Dimitrious Royal has a trial date of July 15. If that date is when the trial actually begins, it would take place just more than 11 weeks

    May 28, 2014

  • Agency aces assessment OTTUMWA — A local agency had a lot riding on the outcome of an independent review. They nailed it. "The credential we just received was to show we are a quality [organization]," said Bryan Dunn, executive director of Sieda Community Action. "It's som

    May 27, 2014

  • County backs bike rides OTTUMWA — Bike rides in Wapello County just received a personal push of goodwill from Wapello County Board of Supervisors. Tuesday, supervisors signed a resolution of support for three area bike rides to be conducted in June. The rides include the H

    May 27, 2014

  • 0527 OTT EMS week color photo -L -M ORHC celebrates EMS Week OTTUMWA — During National EMS week, May 18-24, Ottumwa Regional Health Center (ORHC) celebrated its staff, the community EMS providers and the importance of being prepared in emergency situations through education. The ambulance service at ORHC, also

    May 26, 2014 2 Photos

  • Moving into the future OTTUMWA — Wapello County Supervisor Greg Kenning joked after the board approved upgrading the county’s servers Tuesday. “You can put away your quills.” Jokes asides, Wapello County will now have more opportunity to maximize its server resources. The

    May 20, 2014

  • 0520 OTT mushroom provided -T -M Hidden treasure

    OTTUMWA — Yes, it's kind of like winning the lottery. A mushroom hunter and her family cheerfully acknowledged that feeling after stopping by the Ottumwa Courier on Monday. In one lucky search, they'd found hundreds of morels totaling 10 pounds. As u

    May 19, 2014 1 Photo

Obituaries
Record
Facebook
AP National