CINCINNATI -- After more than 17 hours of deliberation, the jurors in the Ray Tensing trial were ready to call it quits without agreeing on a verdict Friday.
Jurors sent the following message to Judge Megan Shanahan:
"We have consulted with each other, considered each other’s view and deliberated with the objective of reaching an agreement as a group.
"After all the discussions and consideration considering the case with each other we cannot come to a unanimous verdict on count one or count two. Please advise."
However, Shanahan sent the jurors back to continue their deliberations, saying:
"Ladies and gentlemen, this is a new and difficult assignment for you. The process of discussion and deliberation in the jury room is necessarily slow and requires consideration and patience.
"The secrecy which surrounds your efforts prevents others, including the court, from knowing when your efforts will result in a verdict.
"In a large proportion of cases, absolute certainty cannot be attained or expected.
"Although the verdict must reflect the verdict of each individual juror and not mere acquiescence of the conclusion of other jurors, each question should be examined by you with proper regard and deference to the opinions of others.
"It is desirable that this case be decided.
"You are selected in the same manner and from the same source as any future jury would be. There is no reason to believe the case will ever be submitted to a jury more capable, impartial or intelligent than this one.
"Likewise, there’s no reason to believe that more or clearer evidence will be produced by either side.
"It is your duty to decide the case if you can conscientiously do so. You should listen to one another’s opinions with a disposition to be persuaded.
"Do not hesitate to re-examine your views and change your opinion if you are convinced it is erroneous.
"If there is disagreement, all jurors should re-examine their positions given that a unanimous verdict has not been reached. Jurors should consider whether their doubt is reasonable considering that it is not shared by others equally honest.
"You have heard the same evidence with the same desire to arrive at the truth and under the same oath. Likewise, jurors for conviction should ask themselves whether they might reasonably doubt the correctness of the judgment not concurred in by all other jurors.
"I’m going to ask you to return to the jury room at this time and deliberate further."