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Judge presents 'dynamite charge' to stuck Palin e-mail jurors
Knoxville News Sentinel ^ | 4/30/10

Posted on 04/30/2010 7:56:15 AM PDT by SmithL

KNOXVILLE - Jurors in the trial of accused Sarah Palin e-mail intruder David C. Kernell were this morning urged to reach a complete verdict in the case.

The jurors began their fourth day of deliberations by hearing a special added instruction from U.S. District Judge Thomas W. Phillips.

Called an Allen charge in legal parlance, it is commonly called "a dynamite charge."

Phillips told the jurors that as they resume deliberating they should each reconsider their positions, but there was no need to rush to a verdict.

The jurors reported shortly before 9 a.m. and then retired to resume deliberations about 9:10 a.m.

By Thursday, they had reached unanimous agreement on three of the four counts against Kornell, 22.

Those verdicts were not announced.

(Excerpt) Read more at knoxnews.com ...


TOPICS: Crime/Corruption; Extended News; Politics/Elections; US: Tennessee
KEYWORDS: davidkernell; hacking; kernell; kornell; palin; palinemail; palinfreeperping; palinkernellhacker; sarahpalin; waronsarah
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To: shelterguy

and perhaps women who wear short skirts shouldn’t report rape either....


21 posted on 04/30/2010 8:16:34 AM PDT by anniegetyourgun (Can you say, blame the victim?)
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To: Liberty Valance

Bingo! There is at least 1 maybe a couple of rat jurors who will refuse to convict. Any excuse they can come up with.


22 posted on 04/30/2010 8:17:25 AM PDT by douginthearmy
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To: snowrip

More likely a spouse that has “logged on” to a spouse’s private email account to check for cheating and thus does not see anything “wrong” with this action. In other words if they convict him they are convicting themselves and humans tend to not want to see “bad” in their own actions


23 posted on 04/30/2010 8:23:29 AM PDT by unseen1
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To: pikachu

“If he gets community service for three felonies, something is seriously broke.”

Isn’t he the son of some dem bigwig? And, yes, SOMETHING is seriously broke.


24 posted on 04/30/2010 8:24:39 AM PDT by freeangel ( (free speech is only good until someone else doesn't like what you say))
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To: freeangel

A felony conviction will do the job just fine.

Jail time is not so relavent.


25 posted on 04/30/2010 8:26:52 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Carley
-- Only hung on one charge. The identity theft ... --

That was my understanding too, that the jury had reached verdicts on other charges, but not this one. My tongue in cheek remark was that a hung jury doesn't get the defendant off - try him again, and again, repeat until he's broke and exhausted. Justice, federal style.

26 posted on 04/30/2010 8:27:57 AM PDT by Cboldt
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To: snowrip

If they had been unanimous guilty on the other charges, I have difficulty understanding the concern on not following instructions on the fourth.


27 posted on 04/30/2010 8:28:39 AM PDT by 9YearLurker
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To: Carley

It’s her fault for not using LifeLock (r)


28 posted on 04/30/2010 8:29:09 AM PDT by devnull (Obama, Czar of czars.)
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To: SmithL

What is a “dynamite charge?”


29 posted on 04/30/2010 8:29:34 AM PDT by GeorgiaGuy
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To: SmithL

My fear is that the perp’s influential daddy managed to get one of his stooges into the jury. All it takes is one guy to hang it up until the other jurors finally give in so they can go home.

They’ve agreed on three charges. But we don’t know if they’ve agreed on guilty or innocent. Are they now arguing about finding him guilty on the least of the charges, or arguing about finding him innocent on the greatest of the charges? One or the other, presumably.


30 posted on 04/30/2010 8:31:46 AM PDT by Cicero (Marcus Tullius)
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To: SmithL

I see it as one of two scenarios. Either:

1. They found him guilty of the three charges and someone thinks the fourth charge should be dismissed, or;

2. They found him innocent of the three charges and someone thinks he should be found guilty on something.

So what’s the feeling about the charge they’re hung up on? Is it the easiest or most difficult to prove of the four charges?


31 posted on 04/30/2010 8:32:00 AM PDT by chopperman
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To: SmithL

What the hell is to decide? The spoiled little lib pi$$ ant hacked the site. Period.


32 posted on 04/30/2010 8:33:05 AM PDT by Oldpuppymax
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To: Carley

Riddle me this - I steal your password, which gives me access to your ‘files’. Is that not stealing? Stealing a part of someone’s identity? etc...

Just curious.
==
Only hung on one charge. The identity theft. Just doesn’t seem to meet the typical definition of identity theft, IMHO.


33 posted on 04/30/2010 8:37:38 AM PDT by Dacula (Critical thinking Conservative American who believes in our Constitution.)
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To: Dacula

Latest update

http://www.knoxnews.com/news/2010/apr/30/judge-presents-dynamite-charge-stuck-palin-e-mail-/

Gone to lunch.


34 posted on 04/30/2010 8:40:09 AM PDT by Dacula (Critical thinking Conservative American who believes in our Constitution.)
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To: GeorgiaGuy

Apparently this is the “dynamite charge:”

Here is the definition of an Allen charge:
http://www.lectlaw.com/def/a105.htm

In short: “Jury, your duty is to reach a verdict. A lot of time and money has been spent on this trial, with a lot of effort put into presenting the evidence to you. No one could be better judges of whether the defendant is guilty or not than you and there’s no reason to expect another jury to be better and smarter and more dedicated than you. If you can’t all agree that the evidence shows guilt beyond a reasonable doubt, then you should reach a verdict of Not Guilty.”


35 posted on 04/30/2010 8:44:27 AM PDT by GeorgiaGuy
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To: SmithL

So if he’s guilty on 3 out of 4 counts, he’s still guilty, right?


36 posted on 04/30/2010 8:49:27 AM PDT by 2 Kool 2 Be 4-Gotten
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To: Genoa

Yesterday I thought 90 days in jail, but being he is only 22 years old, I am thinking probation too.


37 posted on 04/30/2010 8:51:11 AM PDT by napscoordinator
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To: Dacula

Did the louse then use that password to post things that were believed to be by Sarah?

Not being a wise ass, just wondering where that charge came from.


38 posted on 04/30/2010 8:55:16 AM PDT by Carley (I'll keep clinging to the constitution, my guns and my religion, thank you.)
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To: Genoa
You were saying ...

I smell probation and community service.

Most likely, and if any time, it would be less than a year. But, we could be surprised and you never know ... :-)

39 posted on 04/30/2010 9:00:53 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: SJSAMPLE; Genoa
You were saying ...

They came back quick on the first three, so I don’t know if they’re inclined towards sympathy.

I don't know if I would call two days quick on the first three. If it were in the first two hours that they came back on those first three... then I would say that would be quick.

I would figure the whole thing would be over and done with in two days... so I don't call that quick.

40 posted on 04/30/2010 9:02:57 AM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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