Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
Jury microphone test one, jury microphone test two.
Speaker 2 (00:07):
Good afternoon, and when you may be seated. Thanks, all right,
all right, back on the record.
Speaker 3 (00:17):
In the matter of State of Connecticut versus Paul Eliah Valley,
it has conso please identify themselves for the record.
Speaker 4 (00:26):
Good afternoon, your own marked ourself for the State of Connecticut,
Pacific eticut, Good afternoon, you ownor Kevin Smith for the defendant,
real values of my site.
Speaker 3 (00:37):
All right, so, counsel, as you are aware, we have
received a note from the jury which indicates that the jury.
Speaker 2 (00:43):
Has reached a partial verdict.
Speaker 3 (00:48):
And when I say partial verdict, in summarizing the note,
which does indicate to.
Speaker 2 (00:53):
Some extent the deliberative process.
Speaker 3 (00:56):
It appears that the jury has reached a verdicant as
to murder at count one, manslaughter in the first degree
intentional at count one, assault in the first degree intentional
that both counts two and three, and assault.
Speaker 5 (01:12):
The second degree intentional.
Speaker 2 (01:13):
At count four.
Speaker 3 (01:16):
At this time, the court's intention would be to accept
the partial verdict and to clear a mistrial on any
lesser included charges upon which the jury is unable to reach.
Speaker 2 (01:34):
A verdict.
Speaker 3 (01:35):
I will note that the note additionally indicates that after
lengthy deliberations, the jury is hopelessly deadlocked on the other charges.
So I would give each council an opportunity to be
heard at this time.
Speaker 1 (01:53):
Of thank you, Stay would be requesting at the court now,
at this moment, give a chipsmith charge to the jury.
They've been out two and a half days now, I
guess a little over eleven or twelve hours. There were
twenty five witnesses that were called in this case. There's
(02:13):
a mountain of evidence that needed to be reviewed.
Speaker 4 (02:16):
And we went from hopelessly deadlocked after an hour and forty.
Speaker 1 (02:20):
Five minutes to now having a partial verdict.
Speaker 2 (02:24):
So I would submit that.
Speaker 1 (02:27):
Perhaps there'd be if the court was inclined to give
that chipsmith charge, that they could go back and maybe
come to a decision on the charges for which they
are deadlocked up.
Speaker 6 (02:38):
Thanks thank you, janor under the defense would object to
a chipsmith at this point, the court has already twice
sent them back with essentially a chipsmith light sort of
instruction on the basis of Feliciano, and I think that
the jury has indicated now on a number of occasions
that they are rather hopelessly locked us to those charges,
(03:01):
which they still cannot come to any resolution on. My
understanding of the note is simply that giving them another
charge is not going to change that.
Speaker 7 (03:13):
And so we would object.
Speaker 3 (03:17):
So in response to the request for the shipsmith, which
is basically another attempt at the court to ask the
jury to continue its deliberations, the Court is hereby denying
that request on behalf of the state. In keeping with Feliciano,
this court has not once, but on two occasions, provided
(03:37):
a chunkier for a wider Feliciano charge.
Speaker 2 (03:42):
On date one of the jury having this case, the
court received a note that it was hopelessly deadlocked on
the murder count.
Speaker 3 (03:51):
The Court, upon agreement with counsel at that point in time,
instructed the jury to continue deliberating. At that time, I
instructed the jury to review the evidence discussed and consider
the opinions of other jurors, to explain the views and
listen to the views of other jurors, including the majority,
to listen to what the minority had to say, as
well as the minority to listen to what the majority
(04:14):
had to say. Subsequently, on day two, after about five
hours of continued deliberations, having passed. The jury did send
a second note indicating the following that the jury was
deadlocked on murder at count one, indicating that the jury
had reached a verdict at count two and count three
(04:41):
as to assault in the first degree, deadlocked as to
lesser included charges, and with respect to the last count
count four, again indicating a possible verdict as to assault
in the second degree intentional, but deadlocked as to the
(05:03):
first lesser included charge as well. Once again, that note
was discussed with counsel. Once again, upon agreement by counsel,
the court extended to the jury another feliciano type of charge.
Speaker 5 (05:18):
Which included more language than.
Speaker 2 (05:21):
The standard go back and deliberate charge. The court once
again looked at the jury and instructed the jury to
continue deliberating, to review the evidence, see if any.
Speaker 3 (05:32):
Evidence was overlooked, make sure that no evidence was misunderstood,
and to explain the views and listen to the views
of all other jurors.
Speaker 2 (05:42):
The jurors did continue their.
Speaker 5 (05:44):
Deliberations, and they did review some evidence which we came back.
Speaker 2 (05:47):
On the record to produce for them.
Speaker 3 (05:49):
So at this point in time, the court is not
going to go ahead and give them a third instruction
to continue the deliberations. The court is going to accept.
Speaker 4 (05:59):
The Just one more thing, if I may put on
the record you are with regards to the course of
an intent on declaring a mistrial on the remaining charges
that do exists, the state's intent would be if if
that were the case, that we would be filing an
amended information.
Speaker 7 (06:14):
To include those those charges.
Speaker 3 (06:16):
All right, Well, I don't know when you would be
filing that amended information, but we're going to accept the
verdict before any amended.
Speaker 2 (06:21):
Information is filed.
Speaker 7 (06:24):
Nothing.
Speaker 2 (06:24):
Thank you. We have a verdict. We're going to take
that verdict. Does anyone else have anything else to say?
Speaker 4 (06:29):
Nothing from the state, not from the defense.
Speaker 2 (06:32):
All right, this plant work universe.
Speaker 5 (06:34):
The jury in.
Speaker 4 (06:36):
All right, the pres is so well large.
Speaker 3 (06:40):
Your members of president would see the Council's stipulation as such.
Speaker 6 (06:44):
People I began to stable stipulates the presence of the
jury are defense stipulates.
Speaker 2 (06:50):
So I'll first you'd.
Speaker 3 (06:51):
Like to imply as to the person person please just
stand thank you all right, mister four person.
Speaker 2 (07:03):
I did receive the note that was signed by you,
and it was timestamped as well. The note indicates to.
Speaker 3 (07:11):
The court that the jury, although unable to unanimously agree
on some charges, has unanimously agreed as to a verdict
on murder at count one and manslaughter in the first
degree intentional at count one. Also, as to counts two
(07:33):
and three, the jury has a verdict on assault in
the first degree intentional. And then lastly, as to count four,
the jury has reached a verdict as to assault in
the second degree intentionally.
Speaker 5 (07:48):
Is that correct?
Speaker 7 (07:50):
Alright?
Speaker 2 (07:51):
So at this point in time, I would ask you
to be seated.
Speaker 3 (07:59):
All, at this point in time is going to move
forward with the verdict that you do have relative to
accounts and the charges that you have relayed.
Speaker 2 (08:10):
In the note and that you have just confirmed on
the wrapper. So Adam Clerk is.
Speaker 3 (08:16):
Going to be providing to additional instruction as she accepts
at partial verdant.
Speaker 7 (08:22):
Okay, thank you, ladies and gentlemen of the jury, as
your names are called, please indicate your presence by answering
here rise and remain standing. Identify himself for the record here,
James word. Thanks all, but the four person may be seated.
(08:47):
Mister four person. In the case of State of Connecticut
versus Raoul Elijah Valley, has the jury agreed upon a
unanimous verdict as to murder at count one, manslaughter in
the first degree, intentional at count one, assault in the
first degree intentional accounts two and three, an assault in
the second degree intentional account four. Well, the defendant Raoul
(09:10):
Alia Valley, please rise and face the jury. Do you
find the defendant guilty or not guilty?
Speaker 2 (09:16):
Not guilty?
Speaker 3 (09:17):
Okay?
Speaker 6 (09:19):
We have and.
Speaker 2 (09:24):
Hope it's not all money.
Speaker 3 (09:27):
I'm sorry, okay.
Speaker 7 (09:31):
In docket number AA n c R twenty two zero
one eight nine four one eighty, Count one of the
substitute information charges the defendant, Rabuel Elia Valley with the
crime of murder and violation of Section fifty three a
dash fifty four a per an a of the Connecticut
General Statutes. Do you find the defendant guilty or not guilty?
Speaker 2 (09:54):
Not guilty?
Speaker 7 (09:58):
As to count one of the substitute information charging the
defendant with the lesser included offense of manslaughter in the
first degree intentional in violation of Section fifty three a
dash fifty five perna peren one of the Connecticut General Statutes.
Do you find the defendant guilty or not guilty, not guilty.
Speaker 3 (10:19):
I'm going to direct its inky the four person At
this time, mister poor person, you're no indicating that's Exhibit
D ten.
Speaker 5 (10:28):
For at Exhibit ten, you're no indicative that the.
Speaker 2 (10:31):
Jury, after landing deliberations.
Speaker 3 (10:33):
Was hoped hopelessly deadlocked on manslaughter in the first degree
reckless a vihilation of Connecticut General Statutes fifty three eight
fifty five to A three and the lesser included defense
at count one is that perrentt al, so you were
unable to reach a unanimous verdict as to that particular charge.
(10:54):
If not correct, that's correct, Madam has continue on the
count two.
Speaker 7 (11:00):
Count two of the substitute information charges the defendant with
the crime of assault in the first degree, intentional and
violation of section fifty three a dash fifty nine perna
peren one of the Connecticut General Statutes. Do you find
the defendant guilty or not guilty?
Speaker 2 (11:16):
Adam? Please pause, mister four person.
Speaker 3 (11:21):
Court Exhibit ten again, the note that was sent to
the court, provided to the court and marked indicates to
the court that, after landing deliberations, the jury is hopelessly
deadlocked on the charge of assault in the first degree
reckless deviolation of why nine A three as a lesser
included defense that count two.
Speaker 2 (11:42):
Is that correct? All right? So you were not able
to read.
Speaker 3 (11:45):
The unianimous verdict regard in that particular charge as a
lesser included defense.
Speaker 5 (11:49):
That is correct?
Speaker 2 (11:51):
Thank you? Please continue to count.
Speaker 7 (11:56):
Count three of the substitute information charges the defendant with
the crime of assault and the first degree intentional in
violation of section fifty three a dash fifty nine parent
a pen one of the Connecticut General Statutes. Do you
find the defendant guilty or not guilty?
Speaker 2 (12:12):
Not guilty? Please pause again, mister four person Exhibit ten.
Speaker 3 (12:19):
For at exhibit ten, your note due the court indicates
that with respect to assault the first degree reckless under
count three, at play the deliberations, the jury is hopelessly
deadline on that charge of the lesser included defense.
Speaker 2 (12:37):
Is that correct?
Speaker 3 (12:39):
So you will unable to reach the unanimous decision as
to assault the first degree reckless in the violation of
Connecticut General Statutes fifty three fifty nine to A three
as a lesser included offense under count three?
Speaker 2 (12:54):
Is that correct? Thank you, madame? Or please proceed to countfum.
Speaker 7 (13:00):
Count four of the substitute information charges the defendant with
the crime of assault and the second degree intentional and
violation of section fifty three a dash sixty parent a
parentu of the Connecticut General Statutes. Do you find the
defendant guilty or not guilty?
Speaker 3 (13:16):
Guilty? Hope, Please pause, mister Pulkerson Court Exhibit ten. The
note that was forwarded to the court indicates that it
count four as to assault in the second three reckless.
After lately deliberations, the jury was hopelessly deadlocked.
Speaker 5 (13:35):
Honey above charge that correct?
Speaker 2 (13:38):
All right?
Speaker 3 (13:38):
So is it correct that the jury was unable to
reach a unanimous decision as to assault the second degree,
reckless and violation of Connecticut General.
Speaker 2 (13:47):
Statutes, Section fifty Dash sixty.
Speaker 5 (13:50):
Eight three, at count four, your honor.
Speaker 2 (13:57):
Made the verdict be accepted and reported.
Speaker 7 (13:59):
Yes, ladies and gentlemen of the jury, listen to your
verdict as it is accepted and recorded. As to the
first count of the substitute information charging the defendant with
the crime of murder and violation of Section fifty three
a dash fifty four a parena of the Connecticut General Statutes,
(14:19):
you say the defendant is not guilty. Is that your verdict?
Speaker 2 (14:25):
Yeah?
Speaker 7 (14:28):
As to count one of the substitute information charging the
defendant with the lesser included defense of manslaughter in the
first degree, intentional and violation of Section fifty three a
dash fifty five parenta paren one of the Connecticut General Statutes.
You say the defendant is not guilty.
Speaker 2 (14:45):
Is that your verdict.
Speaker 7 (14:50):
As to the second count of the substitute information, charging
the defendant with the crime of assault in the first degree,
intentional and violation of Section fifty three A fifty nine
parent a paren one of the Connecticut General Statutes. You
say the defendant is not guilty.
Speaker 2 (15:06):
Is that your verdict.
Speaker 7 (15:11):
As to the third count of the substitute information, charging
the defendant with the crime of assault in the first degree,
intentional and violation of Section fifty three a dash fifty
nine parent a parene one of the Connecticut General Statutes.
You say the defendant is not guilty.
Speaker 5 (15:26):
Is that your verdict?
Speaker 2 (15:27):
Yes?
Speaker 7 (15:30):
As to the fourth count of the substitute information, charging
the defendant with the crime of assault in the second degree,
intentional and violation of Section fifty three a dash sixty
parent a parent II of the Connecticut General Statutes, You
say the defendant is not guilty.
Speaker 2 (15:46):
Is that your verdict?
Speaker 3 (15:47):
Ye, Ladies and gentlemen Madrid, please us. You heard your
verted DoD is accepted and reported. You've heard your verted
being read.
Speaker 2 (15:58):
Back as to each of the four counts. Is that
your verdict? So say you all? Maybe and nab at
this point?
Speaker 1 (16:08):
Nore? May we be seated?
Speaker 2 (16:11):
May we be seated? Yes? Why? I'm no request accounts
and the court is not going to hold the jury.
Speaker 5 (16:20):
I lot ha the pay.
Speaker 2 (16:23):
Why ladies and John on the jury. I'd like to
address you take a moment.
Speaker 3 (16:27):
Your verdict has now been recorded. It's been accepted by
the court. The Corn will deal with the outstanding remaining
charges once I discharge you. But I want to say
a few words to you before I do that. Your
oath that you've been obligated to keep during this time,
(16:48):
you've been obligated to stay silent, not discuss this case.
I am now relieving you of the duty of your
own so you are released from your own It is,
of course, of to decide whether or not you wish
to discuss this pace with anyone or your role as
a juror with anyone. You certainly have no obligation to
do so, and please be aware that any comments that
(17:11):
you shall make may become the clause for further proceedings
concerning the verdict.
Speaker 2 (17:16):
I would like to take this time to recognize you
and thank you for your very.
Speaker 3 (17:19):
Important service serving as a juror, especially on all lengthy
trials such as this. This takes you away from very
important other aspects of your life, so I want to.
Speaker 2 (17:30):
Thank you for the time and commitment that you gave
to this case. I know that we originally asked you
for a commitment.
Speaker 3 (17:36):
Through July first, and you have graciously given us from
time for a rather extended period beyond that.
Speaker 2 (17:44):
A lot of ri state.
Speaker 3 (17:46):
Inevitably, a decision by a jury will gratify one party
and disappoint another. It's a very difficult job that you have.
It's a difficult job for a juror to be asked
to make a decision such as important ones like this. Yes,
and I understand, and so does everyone involved.
Speaker 2 (18:03):
But the decision that you made here today is not
an easy one.
Speaker 3 (18:06):
These are decisions, however, that are extremely important to our
society as well as an individual defendant.
Speaker 2 (18:12):
We all recognize that it's.
Speaker 3 (18:14):
Not an easy one, and we thank you for taking
the time to reach the decision that you did reach here. Today,
We're very grateful to you for performing that very important assignment.
I want to also thank you for your careful and
diligent attention to these proceedings. I know that sometimes it's
very difficult to get through evidence. It's not always as
(18:35):
exciting as it's portrayed.
Speaker 2 (18:37):
On TV or in the news.
Speaker 3 (18:39):
You as yourors have to stay alert and awake and
dedicated to every moment of evidence that's presented before you.
Speaker 2 (18:46):
And I constantly remained vigilant.
Speaker 3 (18:49):
Of all of you and your attention, and I want
to thank you for providing us the attention that you did.
So at this point, I want to let you know
that you are discharged again some your own you are
allowed to leave. However, there are documents that we do
need to provide to you, and I would also like
(19:10):
an opportunity with you to give you those documents with
the clerk. I would appreciate if you would stay back
here at the court House for a little bit. There
are some matters I do need to tend to on
the record, but if you would just give us a
little bit more of your time just so that I
can get you those documents, I would appreciate it. Although
you are under no obervation to do that. So that's
(19:31):
an individual choice. You will be as by a marshall.
I will ask that in your name in the rooms
a little well, so we can play our halls and
I can clear the courtroom and then hopefully get.
Speaker 2 (19:41):
A chance to speak with you can try Smith.
Speaker 5 (19:44):
At the end of evidence. Of the close of evidence,
you moved for a judgment.
Speaker 3 (19:49):
Of acquittal on the four charge defenses of paying most
attention to the murder charge account one. The defendant has
since been acquitted as to all of those charged us
the substitute information, what is your physician relative to the
motion for judging of the pool on those four offenses?
Speaker 2 (20:08):
Withdrawn your honor, So the courtsman had not for the record.
Speaker 5 (20:12):
With respect to count one manslaughter in the first degree reckless.
Speaker 3 (20:16):
Connecticut General Statutes, Section fifty three A fifty five eight three,
count two and three assault in the first three reckless
Connecticut General Statute, Section fifty three A fifty nine eighty
three and count four assault and the second degree reckless
Connecticut General Statute.
Speaker 2 (20:31):
Section sixty eight three.
Speaker 3 (20:34):
After the jury's inability to reach unanimous verdict, the court
would like to memorialize on the record the following On
day one of the jury having the case, after about
two hours of deliberation, the jury sent a note stating
that it was hopelessly deadlocked on the.
Speaker 5 (20:48):
Murder at count one.
Speaker 3 (20:50):
The Court, upon agreement a council, instructed the jury to
continue deliberating, instructing the jury to review the evidence, discuss
and consider the opinions of other jurors, to excludews, and
listen to the views of others, including the majority to
listen to what the minority had to say, and the
minority to listen to what the majority had to say. Subsequently,
(21:10):
after a total of about five hours of deliberations having passed,
the jury sent a second note to the court indicating
that the jury was deadlocked on murder a count one,
not guilty of first degree assault intentional, deadlocked on first
degree assault reckless that count two, with the same indication
for count free on the same charges, and not guilty
(21:32):
second degree assault, intentional, deadlock.
Speaker 2 (21:35):
Second degree assault reckless that count four.
Speaker 3 (21:38):
Once again, upon agreement of council, the note was disclosed
to counsel. Obviously, it was reviewed, it was discussed, and
I directed jurors to continue deliberating, instructing the jurors to
review the.
Speaker 5 (21:54):
Evidence, see if any evidence was overlooked.
Speaker 3 (21:57):
Or misunderstood, to explain the views, and listen to the
views of all other jurors. The jury continued their deliberations
into the third.
Speaker 2 (22:06):
Day, and now once again on this third day, after more.
Speaker 3 (22:11):
Than eleven and a half hours of deliberations, the court
received a note from the jury now Court Exhibit ten,
indicating a partial verdict and that as to the other
charges the lesser included defenses, that after lengthy deliberations, the
jury was hopelessly deadlocked due to the jury's inability to
(22:35):
reach a unanimous verdict even after extended deliberations. As to
manslaughter in the first degree reckless Connecticut General Statutes fifty
three eight to fifty five to eighty three as a
lesser included defense account one, assault in the first degree
reckless Connecticut General Statutes fifty three a fifty nine eighty
three as a lesser included defense at counts two and three,
(22:58):
and assault in the second degree reckless eticut General Statutes.
Speaker 2 (23:01):
Section fifty three a sixty a three.
Speaker 3 (23:04):
The Court, in accordance with the Connecticut Practice Book Section
forty two to forty five, and with the no objection
by council.
Speaker 2 (23:13):
Councils either of you want to object.
Speaker 3 (23:15):
I know before you indicated you didn't object into a mistrial.
WHEREBAH finds it necessary to declare a mistrial adds to
those offenses in all other lesser included defenses charged to
the jury on Drccounts two and three to which a
verdict was not returned. The Court does not take the
ordering of a mistrial lightly. The Court is not ordering
(23:38):
a mistrial simply for the sake of ordering a mistrial
as a matter of convenience. Rather, the Court, based on
the history of deliberations as cited herein and the notes
provided by the jury, finds that the circumstances make it
impossible at this point to reach a verdict fairly as to.
Speaker 2 (23:56):
All parties, and as such would they.
Speaker 3 (23:59):
Find out of manifest necessity in accordance with our rules,
does enter the order.
Speaker 5 (24:04):
Of the mistrial. I'd also like to take a moment
to address everyone.
Speaker 3 (24:09):
I first would like to address counsel and thank them
for their courtesies to the court and to each other
during the course of this trial. Also to the family members,
all of them, the spectators that have been present in
this courtroom every single day. I want to thank you
for heeding the Court's expectations as to courtroom decorum. I
know that this was an extremely emotional trial, and I
(24:33):
appreciate the conduct that was displayed continuously throughout this process.
Once again, I understand that a jury's verdict will never
fully satisfy.
Speaker 5 (24:45):
One side or the other. Not everyone will walk out.
Speaker 3 (24:48):
Of here satisfied today, and I apologize for that, but
this is the process that we have, and the Court
believes it to be a fair process. I also want
to indicate that my appreciation to courtroom dyporum extends to
every single member of the media. I think you've portrayed
(25:08):
this latter as fairly as possible in the news, and
I think that your courtroom decorum here, in following all
the rules that were placed on the media by way
of court order, has been met with professionalism in terms
of your business and your duty to your job.
Speaker 5 (25:25):
So I want to thank you for that.
Speaker 3 (25:27):
At this time, i'd ask counsel if there are any
other matters that the Court.
Speaker 2 (25:30):
Should take up. I think I'm sued this time the defense. Lastly,
I would like to address mister mister Valley.
Speaker 5 (25:38):
You two have shown respect to the process.
Speaker 3 (25:41):
In terms of your diporum and your behavior and conduct
here in the courtroom. You have been acquitted the four
charges that were held against you and stated in the
substitute information. So at this point in time, I wish
you the best of love.
Speaker 5 (25:58):
Living forward.
Speaker 2 (25:59):
Thank you, come, thank you, thank you to everyone. Court
spans the John all Right
Speaker 1 (26:09):
H.
Jury microphone test one, jury microphone test two.
Speaker 2 (00:07):
Good afternoon, and when you may be seated. Thanks, all right,
all right, back on the record.
Speaker 3 (00:17):
In the matter of State of Connecticut versus Paul Eliah Valley,
it has conso please identify themselves for the record.
Speaker 4 (00:26):
Good afternoon, your own marked ourself for the State of Connecticut,
Pacific eticut, Good afternoon, you ownor Kevin Smith for the defendant,
real values of my site.
Speaker 3 (00:37):
All right, so, counsel, as you are aware, we have
received a note from the jury which indicates that the jury.
Speaker 2 (00:43):
Has reached a partial verdict.
Speaker 3 (00:48):
And when I say partial verdict, in summarizing the note,
which does indicate to.
Speaker 2 (00:53):
Some extent the deliberative process.
Speaker 3 (00:56):
It appears that the jury has reached a verdicant as
to murder at count one, manslaughter in the first degree
intentional at count one, assault in the first degree intentional
that both counts two and three, and assault.
Speaker 5 (01:12):
The second degree intentional.
Speaker 2 (01:13):
At count four.
Speaker 3 (01:16):
At this time, the court's intention would be to accept
the partial verdict and to clear a mistrial on any
lesser included charges upon which the jury is unable to reach.
Speaker 2 (01:34):
A verdict.
Speaker 3 (01:35):
I will note that the note additionally indicates that after
lengthy deliberations, the jury is hopelessly deadlocked on the other charges.
So I would give each council an opportunity to be
heard at this time.
Speaker 1 (01:53):
Of thank you, Stay would be requesting at the court now,
at this moment, give a chipsmith charge to the jury.
They've been out two and a half days now, I
guess a little over eleven or twelve hours. There were
twenty five witnesses that were called in this case. There's
(02:13):
a mountain of evidence that needed to be reviewed.
Speaker 4 (02:16):
And we went from hopelessly deadlocked after an hour and forty.
Speaker 1 (02:20):
Five minutes to now having a partial verdict.
Speaker 2 (02:24):
So I would submit that.
Speaker 1 (02:27):
Perhaps there'd be if the court was inclined to give
that chipsmith charge, that they could go back and maybe
come to a decision on the charges for which they
are deadlocked up.
Speaker 6 (02:38):
Thanks thank you, janor under the defense would object to
a chipsmith at this point, the court has already twice
sent them back with essentially a chipsmith light sort of
instruction on the basis of Feliciano, and I think that
the jury has indicated now on a number of occasions
that they are rather hopelessly locked us to those charges,
(03:01):
which they still cannot come to any resolution on. My
understanding of the note is simply that giving them another
charge is not going to change that.
Speaker 7 (03:13):
And so we would object.
Speaker 3 (03:17):
So in response to the request for the shipsmith, which
is basically another attempt at the court to ask the
jury to continue its deliberations, the Court is hereby denying
that request on behalf of the state. In keeping with Feliciano,
this court has not once, but on two occasions, provided
(03:37):
a chunkier for a wider Feliciano charge.
Speaker 2 (03:42):
On date one of the jury having this case, the
court received a note that it was hopelessly deadlocked on
the murder count.
Speaker 3 (03:51):
The Court, upon agreement with counsel at that point in time,
instructed the jury to continue deliberating. At that time, I
instructed the jury to review the evidence discussed and consider
the opinions of other jurors, to explain the views and
listen to the views of other jurors, including the majority,
to listen to what the minority had to say, as
well as the minority to listen to what the majority
(04:14):
had to say. Subsequently, on day two, after about five
hours of continued deliberations, having passed. The jury did send
a second note indicating the following that the jury was
deadlocked on murder at count one, indicating that the jury
had reached a verdict at count two and count three
(04:41):
as to assault in the first degree, deadlocked as to
lesser included charges, and with respect to the last count
count four, again indicating a possible verdict as to assault
in the second degree intentional, but deadlocked as to the
(05:03):
first lesser included charge as well. Once again, that note
was discussed with counsel. Once again, upon agreement by counsel,
the court extended to the jury another feliciano type of charge.
Speaker 5 (05:18):
Which included more language than.
Speaker 2 (05:21):
The standard go back and deliberate charge. The court once
again looked at the jury and instructed the jury to
continue deliberating, to review the evidence, see if any.
Speaker 3 (05:32):
Evidence was overlooked, make sure that no evidence was misunderstood,
and to explain the views and listen to the views
of all other jurors.
Speaker 2 (05:42):
The jurors did continue their.
Speaker 5 (05:44):
Deliberations, and they did review some evidence which we came back.
Speaker 2 (05:47):
On the record to produce for them.
Speaker 3 (05:49):
So at this point in time, the court is not
going to go ahead and give them a third instruction
to continue the deliberations. The court is going to accept.
Speaker 4 (05:59):
The Just one more thing, if I may put on
the record you are with regards to the course of
an intent on declaring a mistrial on the remaining charges
that do exists, the state's intent would be if if
that were the case, that we would be filing an
amended information.
Speaker 7 (06:14):
To include those those charges.
Speaker 3 (06:16):
All right, Well, I don't know when you would be
filing that amended information, but we're going to accept the
verdict before any amended.
Speaker 2 (06:21):
Information is filed.
Speaker 7 (06:24):
Nothing.
Speaker 2 (06:24):
Thank you. We have a verdict. We're going to take
that verdict. Does anyone else have anything else to say?
Speaker 4 (06:29):
Nothing from the state, not from the defense.
Speaker 2 (06:32):
All right, this plant work universe.
Speaker 5 (06:34):
The jury in.
Speaker 4 (06:36):
All right, the pres is so well large.
Speaker 3 (06:40):
Your members of president would see the Council's stipulation as such.
Speaker 6 (06:44):
People I began to stable stipulates the presence of the
jury are defense stipulates.
Speaker 2 (06:50):
So I'll first you'd.
Speaker 3 (06:51):
Like to imply as to the person person please just
stand thank you all right, mister four person.
Speaker 2 (07:03):
I did receive the note that was signed by you,
and it was timestamped as well. The note indicates to.
Speaker 3 (07:11):
The court that the jury, although unable to unanimously agree
on some charges, has unanimously agreed as to a verdict
on murder at count one and manslaughter in the first
degree intentional at count one. Also, as to counts two
(07:33):
and three, the jury has a verdict on assault in
the first degree intentional. And then lastly, as to count four,
the jury has reached a verdict as to assault in
the second degree intentionally.
Speaker 5 (07:48):
Is that correct?
Speaker 7 (07:50):
Alright?
Speaker 2 (07:51):
So at this point in time, I would ask you
to be seated.
Speaker 3 (07:59):
All, at this point in time is going to move
forward with the verdict that you do have relative to
accounts and the charges that you have relayed.
Speaker 2 (08:10):
In the note and that you have just confirmed on
the wrapper. So Adam Clerk is.
Speaker 3 (08:16):
Going to be providing to additional instruction as she accepts
at partial verdant.
Speaker 7 (08:22):
Okay, thank you, ladies and gentlemen of the jury, as
your names are called, please indicate your presence by answering
here rise and remain standing. Identify himself for the record here,
James word. Thanks all, but the four person may be seated.
(08:47):
Mister four person. In the case of State of Connecticut
versus Raoul Elijah Valley, has the jury agreed upon a
unanimous verdict as to murder at count one, manslaughter in
the first degree, intentional at count one, assault in the
first degree intentional accounts two and three, an assault in
the second degree intentional account four. Well, the defendant Raoul
(09:10):
Alia Valley, please rise and face the jury. Do you
find the defendant guilty or not guilty?
Speaker 2 (09:16):
Not guilty?
Speaker 3 (09:17):
Okay?
Speaker 6 (09:19):
We have and.
Speaker 2 (09:24):
Hope it's not all money.
Speaker 3 (09:27):
I'm sorry, okay.
Speaker 7 (09:31):
In docket number AA n c R twenty two zero
one eight nine four one eighty, Count one of the
substitute information charges the defendant, Rabuel Elia Valley with the
crime of murder and violation of Section fifty three a
dash fifty four a per an a of the Connecticut
General Statutes. Do you find the defendant guilty or not guilty?
Speaker 2 (09:54):
Not guilty?
Speaker 7 (09:58):
As to count one of the substitute information charging the
defendant with the lesser included offense of manslaughter in the
first degree intentional in violation of Section fifty three a
dash fifty five perna peren one of the Connecticut General Statutes.
Do you find the defendant guilty or not guilty, not guilty.
Speaker 3 (10:19):
I'm going to direct its inky the four person At
this time, mister poor person, you're no indicating that's Exhibit
D ten.
Speaker 5 (10:28):
For at Exhibit ten, you're no indicative that the.
Speaker 2 (10:31):
Jury, after landing deliberations.
Speaker 3 (10:33):
Was hoped hopelessly deadlocked on manslaughter in the first degree
reckless a vihilation of Connecticut General Statutes fifty three eight
fifty five to A three and the lesser included defense
at count one is that perrentt al, so you were
unable to reach a unanimous verdict as to that particular charge.
(10:54):
If not correct, that's correct, Madam has continue on the
count two.
Speaker 7 (11:00):
Count two of the substitute information charges the defendant with
the crime of assault in the first degree, intentional and
violation of section fifty three a dash fifty nine perna
peren one of the Connecticut General Statutes. Do you find
the defendant guilty or not guilty?
Speaker 2 (11:16):
Adam? Please pause, mister four person.
Speaker 3 (11:21):
Court Exhibit ten again, the note that was sent to
the court, provided to the court and marked indicates to
the court that, after landing deliberations, the jury is hopelessly
deadlocked on the charge of assault in the first degree
reckless deviolation of why nine A three as a lesser
included defense that count two.
Speaker 2 (11:42):
Is that correct? All right? So you were not able
to read.
Speaker 3 (11:45):
The unianimous verdict regard in that particular charge as a
lesser included defense.
Speaker 5 (11:49):
That is correct?
Speaker 2 (11:51):
Thank you? Please continue to count.
Speaker 7 (11:56):
Count three of the substitute information charges the defendant with
the crime of assault and the first degree intentional in
violation of section fifty three a dash fifty nine parent
a pen one of the Connecticut General Statutes. Do you
find the defendant guilty or not guilty?
Speaker 2 (12:12):
Not guilty? Please pause again, mister four person Exhibit ten.
Speaker 3 (12:19):
For at exhibit ten, your note due the court indicates
that with respect to assault the first degree reckless under
count three, at play the deliberations, the jury is hopelessly
deadline on that charge of the lesser included defense.
Speaker 2 (12:37):
Is that correct?
Speaker 3 (12:39):
So you will unable to reach the unanimous decision as
to assault the first degree reckless in the violation of
Connecticut General Statutes fifty three fifty nine to A three
as a lesser included offense under count three?
Speaker 2 (12:54):
Is that correct? Thank you, madame? Or please proceed to countfum.
Speaker 7 (13:00):
Count four of the substitute information charges the defendant with
the crime of assault and the second degree intentional and
violation of section fifty three a dash sixty parent a
parentu of the Connecticut General Statutes. Do you find the
defendant guilty or not guilty?
Speaker 3 (13:16):
Guilty? Hope, Please pause, mister Pulkerson Court Exhibit ten. The
note that was forwarded to the court indicates that it
count four as to assault in the second three reckless.
After lately deliberations, the jury was hopelessly deadlocked.
Speaker 5 (13:35):
Honey above charge that correct?
Speaker 2 (13:38):
All right?
Speaker 3 (13:38):
So is it correct that the jury was unable to
reach a unanimous decision as to assault the second degree,
reckless and violation of Connecticut General.
Speaker 2 (13:47):
Statutes, Section fifty Dash sixty.
Speaker 5 (13:50):
Eight three, at count four, your honor.
Speaker 2 (13:57):
Made the verdict be accepted and reported.
Speaker 7 (13:59):
Yes, ladies and gentlemen of the jury, listen to your
verdict as it is accepted and recorded. As to the
first count of the substitute information charging the defendant with
the crime of murder and violation of Section fifty three
a dash fifty four a parena of the Connecticut General Statutes,
(14:19):
you say the defendant is not guilty. Is that your verdict?
Speaker 2 (14:25):
Yeah?
Speaker 7 (14:28):
As to count one of the substitute information charging the
defendant with the lesser included defense of manslaughter in the
first degree, intentional and violation of Section fifty three a
dash fifty five parenta paren one of the Connecticut General Statutes.
You say the defendant is not guilty.
Speaker 2 (14:45):
Is that your verdict.
Speaker 7 (14:50):
As to the second count of the substitute information, charging
the defendant with the crime of assault in the first degree,
intentional and violation of Section fifty three A fifty nine
parent a paren one of the Connecticut General Statutes. You
say the defendant is not guilty.
Speaker 2 (15:06):
Is that your verdict.
Speaker 7 (15:11):
As to the third count of the substitute information, charging
the defendant with the crime of assault in the first degree,
intentional and violation of Section fifty three a dash fifty
nine parent a parene one of the Connecticut General Statutes.
You say the defendant is not guilty.
Speaker 5 (15:26):
Is that your verdict?
Speaker 2 (15:27):
Yes?
Speaker 7 (15:30):
As to the fourth count of the substitute information, charging
the defendant with the crime of assault in the second degree,
intentional and violation of Section fifty three a dash sixty
parent a parent II of the Connecticut General Statutes, You
say the defendant is not guilty.
Speaker 2 (15:46):
Is that your verdict?
Speaker 3 (15:47):
Ye, Ladies and gentlemen Madrid, please us. You heard your
verted DoD is accepted and reported. You've heard your verted
being read.
Speaker 2 (15:58):
Back as to each of the four counts. Is that
your verdict? So say you all? Maybe and nab at
this point?
Speaker 1 (16:08):
Nore? May we be seated?
Speaker 2 (16:11):
May we be seated? Yes? Why? I'm no request accounts
and the court is not going to hold the jury.
Speaker 5 (16:20):
I lot ha the pay.
Speaker 2 (16:23):
Why ladies and John on the jury. I'd like to
address you take a moment.
Speaker 3 (16:27):
Your verdict has now been recorded. It's been accepted by
the court. The Corn will deal with the outstanding remaining
charges once I discharge you. But I want to say
a few words to you before I do that. Your
oath that you've been obligated to keep during this time,
(16:48):
you've been obligated to stay silent, not discuss this case.
I am now relieving you of the duty of your
own so you are released from your own It is,
of course, of to decide whether or not you wish
to discuss this pace with anyone or your role as
a juror with anyone. You certainly have no obligation to
do so, and please be aware that any comments that
(17:11):
you shall make may become the clause for further proceedings
concerning the verdict.
Speaker 2 (17:16):
I would like to take this time to recognize you
and thank you for your very.
Speaker 3 (17:19):
Important service serving as a juror, especially on all lengthy
trials such as this. This takes you away from very
important other aspects of your life, so I want to.
Speaker 2 (17:30):
Thank you for the time and commitment that you gave
to this case. I know that we originally asked you
for a commitment.
Speaker 3 (17:36):
Through July first, and you have graciously given us from
time for a rather extended period beyond that.
Speaker 2 (17:44):
A lot of ri state.
Speaker 3 (17:46):
Inevitably, a decision by a jury will gratify one party
and disappoint another. It's a very difficult job that you have.
It's a difficult job for a juror to be asked
to make a decision such as important ones like this. Yes,
and I understand, and so does everyone involved.
Speaker 2 (18:03):
But the decision that you made here today is not
an easy one.
Speaker 3 (18:06):
These are decisions, however, that are extremely important to our
society as well as an individual defendant.
Speaker 2 (18:12):
We all recognize that it's.
Speaker 3 (18:14):
Not an easy one, and we thank you for taking
the time to reach the decision that you did reach here. Today,
We're very grateful to you for performing that very important assignment.
I want to also thank you for your careful and
diligent attention to these proceedings. I know that sometimes it's
very difficult to get through evidence. It's not always as
(18:35):
exciting as it's portrayed.
Speaker 2 (18:37):
On TV or in the news.
Speaker 3 (18:39):
You as yourors have to stay alert and awake and
dedicated to every moment of evidence that's presented before you.
Speaker 2 (18:46):
And I constantly remained vigilant.
Speaker 3 (18:49):
Of all of you and your attention, and I want
to thank you for providing us the attention that you did.
So at this point, I want to let you know
that you are discharged again some your own you are
allowed to leave. However, there are documents that we do
need to provide to you, and I would also like
(19:10):
an opportunity with you to give you those documents with
the clerk. I would appreciate if you would stay back
here at the court House for a little bit. There
are some matters I do need to tend to on
the record, but if you would just give us a
little bit more of your time just so that I
can get you those documents, I would appreciate it. Although
you are under no obervation to do that. So that's
(19:31):
an individual choice. You will be as by a marshall.
I will ask that in your name in the rooms
a little well, so we can play our halls and
I can clear the courtroom and then hopefully get.
Speaker 2 (19:41):
A chance to speak with you can try Smith.
Speaker 5 (19:44):
At the end of evidence. Of the close of evidence,
you moved for a judgment.
Speaker 3 (19:49):
Of acquittal on the four charge defenses of paying most
attention to the murder charge account one. The defendant has
since been acquitted as to all of those charged us
the substitute information, what is your physician relative to the
motion for judging of the pool on those four offenses?
Speaker 2 (20:08):
Withdrawn your honor, So the courtsman had not for the record.
Speaker 5 (20:12):
With respect to count one manslaughter in the first degree reckless.
Speaker 3 (20:16):
Connecticut General Statutes, Section fifty three A fifty five eight three,
count two and three assault in the first three reckless
Connecticut General Statute, Section fifty three A fifty nine eighty
three and count four assault and the second degree reckless
Connecticut General Statute.
Speaker 2 (20:31):
Section sixty eight three.
Speaker 3 (20:34):
After the jury's inability to reach unanimous verdict, the court
would like to memorialize on the record the following On
day one of the jury having the case, after about
two hours of deliberation, the jury sent a note stating
that it was hopelessly deadlocked on the.
Speaker 5 (20:48):
Murder at count one.
Speaker 3 (20:50):
The Court, upon agreement a council, instructed the jury to
continue deliberating, instructing the jury to review the evidence, discuss
and consider the opinions of other jurors, to excludews, and
listen to the views of others, including the majority to
listen to what the minority had to say, and the
minority to listen to what the majority had to say. Subsequently,
(21:10):
after a total of about five hours of deliberations having passed,
the jury sent a second note to the court indicating
that the jury was deadlocked on murder a count one,
not guilty of first degree assault intentional, deadlocked on first
degree assault reckless that count two, with the same indication
for count free on the same charges, and not guilty
(21:32):
second degree assault, intentional, deadlock.
Speaker 2 (21:35):
Second degree assault reckless that count four.
Speaker 3 (21:38):
Once again, upon agreement of council, the note was disclosed
to counsel. Obviously, it was reviewed, it was discussed, and
I directed jurors to continue deliberating, instructing the jurors to
review the.
Speaker 5 (21:54):
Evidence, see if any evidence was overlooked.
Speaker 3 (21:57):
Or misunderstood, to explain the views, and listen to the
views of all other jurors. The jury continued their deliberations
into the third.
Speaker 2 (22:06):
Day, and now once again on this third day, after more.
Speaker 3 (22:11):
Than eleven and a half hours of deliberations, the court
received a note from the jury now Court Exhibit ten,
indicating a partial verdict and that as to the other
charges the lesser included defenses, that after lengthy deliberations, the
jury was hopelessly deadlocked due to the jury's inability to
(22:35):
reach a unanimous verdict even after extended deliberations. As to
manslaughter in the first degree reckless Connecticut General Statutes fifty
three eight to fifty five to eighty three as a
lesser included defense account one, assault in the first degree
reckless Connecticut General Statutes fifty three a fifty nine eighty
three as a lesser included defense at counts two and three,
(22:58):
and assault in the second degree reckless eticut General Statutes.
Speaker 2 (23:01):
Section fifty three a sixty a three.
Speaker 3 (23:04):
The Court, in accordance with the Connecticut Practice Book Section
forty two to forty five, and with the no objection
by council.
Speaker 2 (23:13):
Councils either of you want to object.
Speaker 3 (23:15):
I know before you indicated you didn't object into a mistrial.
WHEREBAH finds it necessary to declare a mistrial adds to
those offenses in all other lesser included defenses charged to
the jury on Drccounts two and three to which a
verdict was not returned. The Court does not take the
ordering of a mistrial lightly. The Court is not ordering
(23:38):
a mistrial simply for the sake of ordering a mistrial
as a matter of convenience. Rather, the Court, based on
the history of deliberations as cited herein and the notes
provided by the jury, finds that the circumstances make it
impossible at this point to reach a verdict fairly as to.
Speaker 2 (23:56):
All parties, and as such would they.
Speaker 3 (23:59):
Find out of manifest necessity in accordance with our rules,
does enter the order.
Speaker 5 (24:04):
Of the mistrial. I'd also like to take a moment
to address everyone.
Speaker 3 (24:09):
I first would like to address counsel and thank them
for their courtesies to the court and to each other
during the course of this trial. Also to the family members,
all of them, the spectators that have been present in
this courtroom every single day. I want to thank you
for heeding the Court's expectations as to courtroom decorum. I
know that this was an extremely emotional trial, and I
(24:33):
appreciate the conduct that was displayed continuously throughout this process.
Once again, I understand that a jury's verdict will never
fully satisfy.
Speaker 5 (24:45):
One side or the other. Not everyone will walk out.
Speaker 3 (24:48):
Of here satisfied today, and I apologize for that, but
this is the process that we have, and the Court
believes it to be a fair process. I also want
to indicate that my appreciation to courtroom dyporum extends to
every single member of the media. I think you've portrayed
(25:08):
this latter as fairly as possible in the news, and
I think that your courtroom decorum here, in following all
the rules that were placed on the media by way
of court order, has been met with professionalism in terms
of your business and your duty to your job.
Speaker 5 (25:25):
So I want to thank you for that.
Speaker 3 (25:27):
At this time, i'd ask counsel if there are any
other matters that the Court.
Speaker 2 (25:30):
Should take up. I think I'm sued this time the defense. Lastly,
I would like to address mister mister Valley.
Speaker 5 (25:38):
You two have shown respect to the process.
Speaker 3 (25:41):
In terms of your diporum and your behavior and conduct
here in the courtroom. You have been acquitted the four
charges that were held against you and stated in the
substitute information. So at this point in time, I wish
you the best of love.
Speaker 5 (25:58):
Living forward.
Speaker 2 (25:59):
Thank you, come, thank you, thank you to everyone. Court
spans the John all Right
Speaker 1 (26:09):
H.
Popular Podcasts
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
Law & Order: Criminal Justice System - Season 1 & Season 2
Season Two Out Now! Law & Order: Criminal Justice System tells the real stories behind the landmark cases that have shaped how the most dangerous and influential criminals in America are prosecuted. In its second season, the series tackles the threat of terrorism in the United States. From the rise of extremist political groups in the 60s to domestic lone wolves in the modern day, we explore how organizations like the FBI and Joint Terrorism Take Force have evolved to fight back against a multitude of terrorist threats.