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Still no verdict in Deedy murder trialUPDATED 9:49 PM HST Aug 20, 2013Video Transcript
They came, they deliberated.. They LEFT. But the Christopher Deedy jurors still haven't decided whether the federal agent is a murderer or not. KITV4's Lara Yamada is our point-person in the continuing coverage... She's just back from court after another day with NO VERDICT. Lara... They came -- and didn't leave -- not even for lunch. This jury of 8 men and 4 women have a mountain of evidence and 20 days of testimony to deliberate on... ...including some choppy surveillance video. There's been plenty of talk about the possibility of a hung jury in this case -- in part -- because they have to decide between two extremes: murder or acquittal. We talked with former city prosecutor Don Paccaro today who was involved in a 2001 ruling... that's highlights the unusual nature of this case. In State vs. Ha'anio, the Hawaii Supreme Court said so- called "all or nothing cases" were quote: "...detrimental to the criminal justice system" and that trial courts MUST offer jurors the option of lesser offenses if there's: "...a rational basis in the evidence, for a verdict ACQUITTING the defendant of the charged offense, and, CONVICTING the defendant of offense." But in this case, jurors must reach a unanimous decision on a charge carrying a term of life in prison. 1002-29 IN MURDER, YOU HAVE TO PROVE THAT PERSON INTENTIONALLY OR KNOWINGLY CAUSED THE DEATH OF THAT PERSON AT THAT TIME, AND BEYOND A REASONABLE DOUBT. IT'S A TOUGH STANDARD. SOME PEOPLE THINK THAT INTENT IS FORMED OVER A LONG PERIOD OF TIME IT CAN BE FORMED IN A MATTER OF SECONDS, BUT TO CONVINCE THE JURY OF THAT, THAT'S THE JOB OF THE PROSECUTION. Another example of why jury instructions can be complicated: each attorney can write up how they believe jurors should define terms -- such as "self-defense," or "reasonable doubt." So an aweful lot for them to absorb in a short period of time. If it's a hung jury, the court will declare a mistrial, and the process starts all over again. And that could benefit the prosecution -- who would then be able to reconsider introducing lesser charges such as manslaughter -- which still carrys a hefty 20-year term. Jury back at it... tomorrow at 9am.