The Jurors had Questions – The Questions Went unanswered -Here they are….

(Court was in recess.)

THE COURT: We have a question, or multiple

questions. Let’s take then one at a time. I would have

a seat if I were you.

One, are there phone records showing calls between

detective and defendant? How many and how long?

State, how would you suggest I respond to that?

MR. Prosecutor: The standard instruction, you have been

provided all the evidence in the case that — actually,

if you want if say no, I don’t have a problem saying no.

THE COURT: Defense, what do you —

Our Attorney: : I would ask for some response along

the lines of, you are in possession of all the evidence

in this case. There is no other evidence to be

considered for deliberations.

MR. Prosecutor:  That’s fine.

THE COURT: Date the video was made.

MR. Prosecutor:  I’m sorry?

MR. Prosecutor:  I think it came out in evidence.

Our Attorney: I think — I mean, candidly, Judge,

I think that I would prefer to respond, you’re to rely

on your recollection. I don’t think — they can have a

read back, maybe. I don’t —

THE COURT: Well, would it say it on the video?

MR. Prosecutor: No, it does not.

THE COURT: How do you want me to handle this, Attorney?

MR. Prosecutor:  Read back would —

Our Attorney:  Yeah. What do you think? Just

agree — we can tell them — I can call him right now.

THE COURT: I’m sorry?

Our Attorney:  It did come into evidence, Judge.

So we may as well tell them rather than — we can tell

then. I’m fine with that.

THE COURT: Do you agree on when it was made?

Our Attorney:  There’s going to be an agreement,

Judge.

THE COURT: Okay.

Our Attorney:  The video was when?

MR. Prosecutor:  June 7th.

THE COURT: June 7th?

Our Attorney:  June 17th.

THE COURT: June 17, 2011. And it’s agreed that I

tell them that?

MR. Prosecutor:  Yes, Your Honor.

THE COURT: June 17, 2011.

They want to watch the video again, so if we can

get that set up.

All right. You ready for the next paragraph? Are

a lot of guns black?

Our Attorney: Are what?

THE COURT: Are a lot of guns black? Is a Glock an

unusual kind of gun? Do different Glocks look different

from each other? Are Glocks easily accessible?

MR. Prosecutor: Same instruction Our Attorney attested,

to rely on evidence received. No other evidence to be

relied on.

THE COURT: asking Our Attorney, do you agree?

Our Attorney:  I think that’s pretty much the

standard way to answer the questions. That’s fine.

THE COURT: Ready for the final one? Is it a

coincident that both cases ended up in the lap of

Detective xxxxx?

Our Attorney: I think the same answer. I guess

it’s the same answer, right? No?

MR. Prosecutor: Did they actually ask that question? I

would — I don’t know if Our Attorney— see, I don’t

want to —

Our Attorney:  Judge, let’s rely on the same answer

with that one, too.

THE COURT: Okay. As soon as we can get that set

up with that video and they will come back out, I will

give them the answers and then —

Our Attorney:  Ms. XXXXX  little dog has been

alone all day. Is it all right if she leaves?

THE COURT: Yes.

MR. Prosecutor:  Your Honor, the only thing, because

they’re watching the video, I would ask the Court to

read the same instruction as read before about this is a

stipulated — I forget exactly how it’s phrased. The

Supreme Court — this is — you are not to consider

anything else.

Our Attorney:  That’s fine.

THE COURT: You will need to send it to me again.

MR. Prosecutor: Yes, Your Honor.

THE COURT: And hold on to it for future use.

And do you have it ready for them?

MR. Prosecutor: Yes, Your Honor. All they have to do

is press play and —

THE COURT: Why are we watching that with them?

Can’t they watch that back there? Is there other stuff

on it?

MR. Prosecutor: My understanding was that they’re not

allowed to watch —

THE COURT: No. Usually we — usually have a

laptop which has other stuff on the laptop, so we never

want to send it back to them.

Do you have any objection with them watching it,

State?

Our Attorney:  I would actually prefer it, Judge,

because they are entitled to feel more free to, Judge —

THE COURT: Okay. I’m going to tell them they can

push play. And I’ll call them out and give them all the

other answers and send them back and they can watch it

as much as they would like.

And whenever the deputies are ready, you can bring

them out.

COURT DEPUTY: Jury entering.

(The jury enters the courtroom.)

THE COURT: And you may be seated.

I received a number of questions. Can we move the

TV? Remember, it’s still plugged in, also.

I received a number of questions. I’m going to go

through the questions and read them out loud. And then

I’ll give you what is the response to that particular

question. If the question is different than you meant

it to be, let me know and I will — I will give you an

opportunity to re-ask the question.

The first is, are there phone records showing calls

between the detective and the defendant? How many and

how long?

I want to tell you that there’s no other evidence

in this case. You have been presented all the evidence

you are to consider, and you are only to consider the

evidence, lack of evidence, and the instructions on the

law in this case.

The video — the date the video was made is

June 17th, 2011.

The question, we want to watch the video again. We

are going to provide it to you. You are going to have

it back in the jury room with you. Just push play and

you can watch it. I think all the controls work as you

would expect.

The next paragraph. Are a lot of guns black? Is a

Glock an unusual kind of gun? Do Glocks look different

from each other? Do Glocks look very different from

other guns? Are Glocks easily accessible?

Again, that’s the same answer as question one.

You’ve received all the evidence. You are only to

consider the evidence that I have given to you. I can’t

answer questions that are outside of the evidence in

this case, which is also the answer to, is it a

coincidence that both cases ended up in the lap of

Detective XXXXXXXs.

And with that, you can follow the deputies back.

COURT DEPUTY: Jury exiting.

(The jury exits the courtroom.)

THE COURT: We will be in recess.

(Court was in recess.)

THE COURT: They can bring them out.

COURT DEPUTY: Jury entering.

(The jury enters the courtroom.)

THE COURT: You may be seated.

It’s my understanding you have reached a verdict?

THE FOREPERSON: Yes, we have.

THE COURT: Will you give it to the court deputy,

please?

THE CLERK: In the Circuit Court of the Ninth

Judicial Circuit in and for Orange County, Florida, Case

Number 2011-CF-xxxx State of Florida versus Charles

xxxxxx.

Verdict as to Count 1: We, the jury, find the

defendant, Charles xxxxxx, guilty of the crime of

attempted robbery with a firearm.

We further find the defendant, Charles xxxxxx,

actually possessed a firearm during the commission of

the offense.

Verdict as to Count 2: We, the jury, find the

defendant, xxxxx Ajoloko, guilty of the crime of

aggravated assault with a firearm.

And we further find that the defendant, Charles

xxxxxxx, during the commission of said offense, actually

possessed said firearm. So say we all, dated at

Orlando, Orange County, Florida, on this 20th day of

November 20, 2013. Both forms have been signed by the

foreperson.

THE COURT: Does either the State or the defense

wish to have the jury polled?

MR. SCHWARTZ: Yes, please, Your Honor.

THE CLERK: Juror in seat number one, are these

your true and correct verdicts?

JUROR NUMBER 1: Yes.

THE CLERK: Juror in seat number two, are these

your true and correct verdicts?

JUROR NUMBER 2: Yes.

THE CLERK: Juror in seat number three, are these

your true and correct verdicts?

JUROR NUMBER 3: Yes.

THE CLERK: Juror in seat number four, are these

your true and correct verdicts?

JUROR NUMBER 4: Yes.

THE CLERK: Juror in seat number five, are these

your true and correct verdicts?

JUROR NUMBER 5: Yes.

THE CLERK: Juror in seat number six, are these

your true and correct verdicts?

JUROR NUMBER 6: Yes.

THE COURT: I wish to thank you again for your time

and consideration of this case. I also wish to tell you

about some special privileges enjoyed by jurors. No

juror can ever be required to talk about the discussions

that happened in the jury room, except by court order.

For many years our society has relied upon jurors for

consideration of difficult cases. Therefore, the law

gives you this unique privilege not to speak about your

votes, your discussions, or your thoughts for as long as

use wish it. Although you are now free to speak with

anyone about this case, you are also free to refuse to

speak with anyone. A request to talk to you about it

might come from the attorneys, might come from the

press, might come from someone who seeks to find fault

with you, may come from someone simply curious, may come

from elsewhere. It is up to each one of you

individually to decide whether or not to preserve that

right or privacy as a juror.

And with that, again, thank you. And you can

follow the deputy out.

COURT DEPUTY: Jury exiting.

(The jury exits the courtroom.)

THE COURT: You may be seated.

Our Attorney, we are doing sentencing today?

Our Attorney: Your Honor, would the Court consider

setting off sentencing?

THE COURT: You have a right to a PSI, so…

Our Attorney:  I would actually like that, Judge,

in this case, if that’s okay.

THE COURT: Yes.

THE CLERK: January 24th at 9:30.

THE COURT: Thank you. We will be in recess. And

he’ll be remanded.

(The proceedings were concluded.)

CONCLUDED-And so was my son’s life, my life and my family’s life CONCLUDED

My next post will answer those questions. The jurors deserve to know those answers. Everyone deserves to know those answers.


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