A link to this article is in RawStory's update on the 10-2 hung jury ~ I'm reading this to mean that any trial that ends [for whatever reason] before a jury decision is a "mistrial" ... which makes sense ~ and that this mistrial was due to a hung jury ~ my above recollection that a criminal conviction requires a unanimous jury vote remains intact ~ but this article opens a new problem for me: the difficulties in convicting police ~ yes, police face dangerous situations regularly ~ I'm thinking they must be
trained to avoid escalating that danger ~ I see
NO rationale to give Clark a pass on this, and I hope the prosecutor does refile charges against him for his inexcusable violence against this woman ~ Sooz
BEAUMONT: Hung jury mistrial in police pepper-spray caseMay 20, 2014 by Richard K. De Atley
A judge declared a hung-jury mistrial Tuesday in the assault case of Enoch Clark, a former Beaumont police officer accused of blinding a woman with a close-range discharge of a pepper spray gun during an arrest.
Jurors voted 10-2 for conviction, district attorney spokesman John Hall said. The panel had been deliberating since May 14.
Prosecutors will made a decision in the “near future” over whether to seek a retrial, Hall said. Judge Mac Fisher set a trial readiness conference for July 24. If Clark were retried and convicted, he could face a sentence “ranging from misdemeanor probation to seven years in custody,” Hall said.
“We are pleased with the results given the uphill battle we faced, and are happy that two jurors had the courage to stay true to the facts,” Clark’s defense attorney, Steve Sanchez, said in a phone interview.
Clark is charged with assault under the color of authority, assault with a less lethal weapon, use of force causing serious bodily injury and assault with force likely to cause great bodily injury.
The officer pulled Monique Hernandez over on suspicion of DUI on Feb. 21, 2012, after receiving a disturbance call from her family. While trying to arrest her, prosecutors said, Clark fired only about 10 inches from her face a handgun-like device called a JPX that uses gunpowder to propel pepper spray at a muzzle velocity of 400 mph.
The blast sliced Hernandez’s right eye in half, fractured her right orbital bone and severed the optic nerve in her left eye, leaving her permanently blind.
Printing on the weapon’s cartridge says it is to be fired no closer than 1.5 meters, or 5 feet, from the intended target. At that distance, it is designed to cause eye irritation, swelling and temporary blindness, with effects from a single shot lasting 45-60 minutes, according to the gun maker.
Hernandez and her family have filed a civil-rights violation lawsuit against the city of Beaumont, Clark and others. That suit is proceeding in federal court.
During opening statements May 1, jurors saw a grainy dashboard camera video of the arrest. The video has not been released to the public.
Clark was struggling to complete handcuffing Hernandez as he ordered her to stop resisting. Another officer was telling angry family members, who were off camera, to stay back.
But “nothing she did that night justified what was done to her that night,” deputy district attorney Michael Carney told the jurors.
Sanchez countered that Clark’s training in the use of pepper-spray handgun was “deplorable, the worst kind of training an officer ever received” and that he was told it was “just like” common aerosol pepper spray used by police.
Sanchez said with a 10-2 split in favor of conviction, a judge would by unlikely to dismiss the case. He said he did not move for a dismissal after Tuesday’s mistrial declaration.
“It is our belief that no reasonable jury will ever return a guilty verdict in the case,” Sanchez said. “Police officers have a right to use reasonable force against a combative suspect.
“I am not concerned with the split,” he said. “I just know there will be a split every time this case is tried.”
Sanchez said Clark was happy with the verdict. He declined to say what his client is doing. “All of his attention is focused on this trial right now.”
Getting a conviction of a police officer is difficult, even if the officer’s actions are recorded on video, said Laurie Levenson, a former federal prosecutor and a professor at Loyola Law School in Los Angeles.
Jurors “are very reluctant to call a police officer a criminal,” Levenson said.
“They also realize officers have a tough job to do; the standard is not whether they did something wrong — it’s whether they intentionally did something wrong,” Levenson said.
Levenson said given the track record of other jury trials of accused police officers, she was surprised the majority vote was for conviction.
Three Los Angeles police officers accused in the Rodney King beating were acquitted of all charges in their 1992 trial, she said. (Jurors acquitted a fourth officer on all but one charge, stalling at 8-4 for acquittal.) The verdicts led to days of deadly rioting in Southern California.
Other video-recorded cases that resulted in acquittals for officers include former San Bernardino County sheriff’s Deputy Ivory Webb Jr., who shot a traffic stop suspect who was complying with Webb’s orders to stand up, and January’s acquittal of two former Fullerton police officers accused of beating to death a homeless, mentally ill man.
As defendants, law enforcement officers “are in a category in all their own, but they can make some terrible decisions,” Levenson said. “But doing something wrong is not the same as being guilty of a crime.”
Proceeding in federal court is a civil rights violation lawsuit Hernandez and her family have filed against the city of Beaumont, Clark, and others.
http://blog.pe.com/breaking-news/2014/0 ... pray-case/