Post by SoulTrainOz on Jul 2, 2006 23:34:46 GMT -5
Manslaughter sentence will go before new jury
By David Kassabian, Corpus Christi Caller-Times
A district judge declared a mistrial Friday in the sentencing phase of Stephen Carr's manslaughter trial after jurors couldn't break an 8-to-4 deadlock in favor of prison over probation.
Carr, 24, originally faced one count of capital murder in connection with the death of his 1-month-old daughter Alyna, but jurors chose the lesser charge of manslaughter after 14 hours of deliberation that ended Tuesday. The manslaughter conviction, punishable by as many as 20 years in prison, will stand. There will be another trial only to determine Carr's sentence.
In the past a mistrial would have been declared and both phases would have to be heard again. But a relatively new law allows the conviction to stand even if a mistrial is declared in the sentencing phase, officials said.
"The actual trial wasn't as hard as the punishment phase," said juror Shawna Guillen-Quiroz, describing how the group became deadlocked almost immediately after sentencing deliberations began. "It just makes you feel sorry for the baby that got killed and the families involved, including Stephen. I wish we could have given them some sort of closure."
Defense attorney Mark Stolley said he wasn't surprised at the mistrial because of the highly emotional and sensitive case and looked favorably on Friday's outcome.
"This was one of the more complex cases I've ever dealt with in terms of scientific issues," he added.
Despite the jury's choice to convict Carr of manslaughter instead of capital murder, prosecutor Sandra Eastwood said she was positive the more serious charge was the right one.
"Jurors were apologizing to me afterward," Eastwood said. "Several were crying in the jury room."
Eastwood said she couldn't comment on many of the facts in the case because of the necessary retrial to determine punishment.
Carr remained in the Nueces County Jail late Friday on a $75,000 bond.
Most of the trial centered on expert testimony from both sides giving detailed information about Alyna's injuries. The infant suffered a skull fracture, broken ribs and retinal hemorrhaging before dying at Driscoll Children's Hospital April 19, 2005.
Yvonne Zuniga, 20, Carr's former girlfriend and mother of Alyna, testified last week that Carr offered to feed the baby the night of the incident. Carr first told police in a videotaped statement that Alyna had choked on formula.
Source : Corpus Christi Caller-Times
www.caller.com/ccct/local_news/article/0,1641,CCCT_811_4816314,00.htm
By David Kassabian, Corpus Christi Caller-Times
A district judge declared a mistrial Friday in the sentencing phase of Stephen Carr's manslaughter trial after jurors couldn't break an 8-to-4 deadlock in favor of prison over probation.
Carr, 24, originally faced one count of capital murder in connection with the death of his 1-month-old daughter Alyna, but jurors chose the lesser charge of manslaughter after 14 hours of deliberation that ended Tuesday. The manslaughter conviction, punishable by as many as 20 years in prison, will stand. There will be another trial only to determine Carr's sentence.
In the past a mistrial would have been declared and both phases would have to be heard again. But a relatively new law allows the conviction to stand even if a mistrial is declared in the sentencing phase, officials said.
"The actual trial wasn't as hard as the punishment phase," said juror Shawna Guillen-Quiroz, describing how the group became deadlocked almost immediately after sentencing deliberations began. "It just makes you feel sorry for the baby that got killed and the families involved, including Stephen. I wish we could have given them some sort of closure."
Defense attorney Mark Stolley said he wasn't surprised at the mistrial because of the highly emotional and sensitive case and looked favorably on Friday's outcome.
"This was one of the more complex cases I've ever dealt with in terms of scientific issues," he added.
Despite the jury's choice to convict Carr of manslaughter instead of capital murder, prosecutor Sandra Eastwood said she was positive the more serious charge was the right one.
"Jurors were apologizing to me afterward," Eastwood said. "Several were crying in the jury room."
Eastwood said she couldn't comment on many of the facts in the case because of the necessary retrial to determine punishment.
Carr remained in the Nueces County Jail late Friday on a $75,000 bond.
Most of the trial centered on expert testimony from both sides giving detailed information about Alyna's injuries. The infant suffered a skull fracture, broken ribs and retinal hemorrhaging before dying at Driscoll Children's Hospital April 19, 2005.
Yvonne Zuniga, 20, Carr's former girlfriend and mother of Alyna, testified last week that Carr offered to feed the baby the night of the incident. Carr first told police in a videotaped statement that Alyna had choked on formula.
Source : Corpus Christi Caller-Times
www.caller.com/ccct/local_news/article/0,1641,CCCT_811_4816314,00.htm