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That's not jury nullification. That would be a hung jury. In that case, they could be re-tried. Jury nullification is most often used in when the defendant's are sympathetic. (e.g. husband kills man who raped wife while man is on trial -- husband is charged with murder. Defense will try to use facts to get jury to ignore the law and set free the husband).

Here, it sounds like the defense's theory is simple. Man, this was one horrible crime. And so many horrible things happened to this woman and her friends, but the truth is she can't really be sure that it was my client. And while we may want someone to pay, we want the right person to pay, otherwise this tragedy is made worse.

Defense will use the inconsistencies to draw reasonable doubt. At the end of the day, failing to make a positive ID of the suspect could be fatal. It sounds, however, like she rehabilitated herself and made that ID.

This is one of the most horrifying crimes I have ever heard of.

---That's not jury nullification. That would be a hung jury.

Yes, I suppose getting techinical, if 1 or more jurors decide to nullify based on racial grounds that will make it a hung jury.

--Jury nullification is most often used in when the defendant's are sympathetic.--

Sympathetic also often means black to certain black jurors.

--but the truth is she can't really be sure that it was my client.--

the jury should of course realize that he looks quite different without head, facial hair, and a pair of glasses. I hope the prosecution will be smart enough to do what KS did here and put the before and after side by side.

--Defense will use the inconsistencies to draw reasonable doubt.--

more likely to try and draw racial doubt from one or both of the black jurors.

---This is one of the most horrifying crimes I have ever heard of.---

Agreed, its also, thanks to the media, one of the most horrifying crimes many more people will never hear of.

This is one of the most horrifying crimes I have ever heard of.

I once read some cases in a law school book from a friend going to law school.

This sort of hideous event happens more often that any civilized person would want to contemplate.

As I read some of the cases in the textbook, I realized that it was good I never had the
physical stamina to be a police officer.
Because I'd surely go to jail for what I'd do if I ever caught somebody like the
Carrs "in the act" or as they were walking away from their crime.

Defense will use the inconsistencies to draw reasonable doubt. At the end of the day,
failing to make a positive ID of the suspect could be fatal.

If the prosecutor shows the jury the "before" and "after" photos...
the Carrs will be on the express to a slab in the morgue.

Trust me...I spent about every other weekend in Wichita visiting relatives until
about the age of 18...