Nullification May End "Taser" Shooting Trial - Experts

Likely Purpose of Potter's Testifying Was to Elicit Sympathy
WASHINGTON - Dec. 23, 2021 - PRLog -- The trial against police officer Kim Potter, who shot and killed a suspect when she mistook her pistol for a Taser, may well end in a hung jury according to several legal experts; a prediction buttressed by the jury's question about what would happen "if the jury cannot reach consensus."

This may well be her only hope, since the evidence to many seems so clear, and she was not able to offer a convincing explanation of how a trained officer made such a fundamental and deadly mistake.

On Tuesday, attorney and NewsNation host Dan Abrams reaffirmed his belief that there may be a hung jury, saying "It is still far from a foregone conclusion, but I would certainly not be surprised."

Joey Jackson and Mark O'Mara, both legal analysts for CNN who specialize in criminal cases, echoed these thoughts in two separate reports on that network.

And public interest law professor John Banzhaf, who has analyzed and correctly predicted the outcome of many criminal trials, wrote on Monday that juror nullification was likely to produce a hung jury,

He noted that since the evidence of her guilt was so strong, and there was little in the trial to rebut claims that she acted recklessly in handling her firearm (first degree manslaughter) or was culpably negligent in creating an unreasonable risk (second degree manslaughter), she may be hoping for jury nullification, or at least juror nullification.

So Potter may well be hoping that her tearful testimony full of remorse generated enough sympathy to trigger a not guilty verdict due to jury nullification  - very unlikely according to Banzhaf - or at very least a mistrial if even one juror is sufficiently moved to refuse to convict her of either charge.   @profbanzhaf

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