The Ottumwa Courier

Local News

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
Local News
  • 0728 OTT ribs in eldon BBQ dinner with a hundred friends ELDON --- This year's Eldon Rib Cook-off was won by three BBQ chefs --- and about 150 hungry visitors. "I was down here last year, too," said Dwayne Yates from Floris, who was biting into his third smoked rib. "I never had a bad one yet." That's what

    July 27, 2014 1 Photo

  • Mediacom: Rural cable consumers and companies mistreated OTTUMWA --- You may want to add just a racing channel, a court channel or a nature channel to your cable line up. Unfortunately, you'll probably have to buy a "bundle," which, ironically, is what it will cost you here in Wapello County. That's accord

    July 26, 2014

  • Calendar Groups wanting to be included in the Calendar must submit the item every time the group meets, at least three days in advance of the meeting.Send information to Calendar, Newsroom, Ottumwa Courier, 213 E. Second St., Ottumwa 52501 or send email to ne

    July 26, 2014

  • Alternate juror could not have convicted Techel based on evidence DAVENPORT — An alternate juror who was dismissed before Seth Techel, 23, of Agency was convicted of killing his wife and the non-consensual termination of a human pregnancy says the verdict could have been different if she had been in deliberations.D

    July 25, 2014

  • 0724 OTT Tehel mug -T -M Resolution — Techel verdict reached

    DAVENPORT — The father of a slain Wapello County woman said he began to heal as soon as he heard the guilty verdict today. The jury unanimously pronounced Seth Techel, 23, guilty on charges of first-degree murder and non-consensual termination of a h

    July 24, 2014 1 Photo

  • Overcome testing fear, get a good job OTTUMWA — It's not who you know, it's what you know. That's what City leaders say about getting a good paying job in Ottumwa. "It seems like in the last year we've had a real reduction in the number of individuals who've applied," said Joni Keith, hu

    July 25, 2014

  • Water Pollution Control Facility gets OK to upgrade OTTUMWA — An emergency Ottumwa City Council meeting resulted in spending $140,583 for the Water Pollution Control Facility. Friday afternoon, council members listened intently as Ottumwa Water Pollution Control Facility Superintendent Kam Reeves told

    July 25, 2014

  • Quincy Ave. project starts Aug. 4 OTTUMWA — Updates on the Quincy Avenue project was given to residents and businesses residing between Albia Road and Hwy. 34 on Thursday night at Ottumwa City Hall. About a dozen people attended the meeting where City Engineer Dan Sturm gave an updat

    July 25, 2014

  • Silence continues on fatal shooting OTTUMWA — Law enforcement is exercising its right to remain silent about a shooting death that occurred south of town this week. The Wapello County Sheriff's Office, which had responded to the shooting, said most information on the case would now com

    July 25, 2014

  • 0726 OTT cedar creek Gone in a flash

    BLOOMFIELD — Bob Parker got about as close to lightning as you can Friday morning, and came out of it without injury. A line of thunderstorms started moving through southeast Iowa in the early morning hours. Parker was heading to work at about 7 a.m.

    July 25, 2014 2 Photos

Photo reprints


Obituaries

Facebook