Buckey Jury Comes Close to Impasse on Six Counts : McMartin case: The judge orders members to continue deliberations despite their trouble in reaching a consensus. They earlier reached a verdict on second charge.
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The jury in McMartin Pre-School molestation defendant Ray Buckey’s retrial told the judge Monday that it has reached two verdicts, but is deadlocked on the remaining six counts.
Los Angeles Superior Court Judge Stanley Weisberg sent the panel back to continue deliberations, however, saying that “it is your duty as jurors to consult with one another.”
The judge reminded them that, although each must decide the case for himself, a decision should be reached only “after an impartial consideration of evidence with fellow jurors.”
Weisberg offered to give further instructions or have testimony read again if that would help them reach unanimous agreement.
“I would encourage you to continue your discussions,” the judge said.
The courtroom was packed in anticipation of a verdict as the seven-woman, five-man panel, dressed more formally than it had been in its previous 10 days of deliberations, filed in.
Instead, Weisberg announced that he had received a note Monday afternoon from the jury foreman that read: “We have gone through all eight counts twice and have reached a verdict on only two counts. We appear to be hung on six counts.”
The two verdicts remained under seal, and the jury was excused for the night after a brief session in which they asked for further legal instructions.
The counts in question are among those the earlier jury also could not resolve. After a three-year trial, a jury found Buckey, 32, not guilty of 40 counts of molestation and acquitted his mother, Peggy McMartin Buckey, of 12 counts. However, the jury deadlocked on 13 counts, and Dist. Atty. Ira Reiner decided to retry the former nursery school teacher on eight.
The eight counts involve three girls who attended his family’s Manhattan Beach nursery school. If convicted on all counts, he would face a maximum sentence of 22 years in prison. He spent five years in county jail as his case wound through the legal system.
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