At 4:30 pm on Monday, U.S. District Court Judge Beverly Reid O’Connell received a note from the jury that has been deliberating for more than seven hours in the trial of two Los Angeles County Sheriff’s deputies who are indicted on four counts of federal charges.
This is the trial in which LASD deputies Joey Aguiar and Mariano Ramirez are charged with punching, kicking, pepper spraying and whacking with a flashlight an allegedly non-resistant former Men’s Central Jail inmate named Bret Phillips on February 11, 2009, then covering up their actions by writing false reports that depict Phillips as the aggressor.
Judge O’Connell read the note in open court in the presence of government prosecutors, Jennifer Williams and Mack Jenkins, and defense attorneys, Evan Jenness and Vicki Podberesky, plus their clients, Aguiar and Ramirez.
As for the contents of note itself, the jurors wrote that they had agreed on one count, but had not agreed on the other four.
There was no mention of “hopelessly deadlocked.” Instead, the note seemed to be more of a status report.
So which count did the jurors agree on, and did they agree to convict or acquit?
Nobody knows, although speculation abounds.
The 4 counts are, in brief:
1. Conspiracy to violate Mr. Phillips’ civil rights by agreeing to “injure, oppress, threaten and intimidate” him.
2. This is basically the assault-to-produce-bodily-injury count.
3. In this count, Deputy Ramirez is charged with writing false reports stating that Phillips attempted to head butt Deputy Aguiar in the face, and also attempted to “violently kick” Aguiar.
4. Similarly, in the final county Deputy Aguiar is charged with writing false reports stating that Phillips had “viciously kicked his legs at deputies” and continued to do so.
So what if anything does this portend for a final verdict? Or is the jury leaning toward hanging?
It’s anybody’s guess.
“But they didn’t look bored,” observed an informed trial watcher.