WWL>Topics>>2-12 6:15am Tommy, Ray Nagin trial

2-12 6:15am Tommy, Ray Nagin trial

Feb 12, 2014|

Tommy talks to Tulane Law Professor Tania Tetlow about the Ray Nagin trial

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Automatically Generated Transcript (may not be 100% accurate)

We need a new friend now Tonya -- it was a -- they are early career associate professor of law and director of domestic violence clinic at the two Tulane university law school good morning professor. Good morning your business card SP five by eight. Up on and pardon me like music -- with you before tell me about the I'm missing juror yesterday about the trial about the that judge and in the thought process of NAND winning -- And I gonna go here with an alternate juror because in essence they gave up a whole day disabled a couple of hours of deliberations in the. Well it's pretty important not to battle with -- The makeup of the jury after deliberations at the time so it's one -- during the trial that lost to turn it might have gone ahead and just put an option it and that. Once deliberations began. I'm not ensure that could put an option -- name -- it had to go forward with eleven which is what happened in the effort trial became a really big issue on appeal so it seems. Much safer just to wait. Com how common is something like this to happen in. I guess federal court. I I didn't hit that optimize -- with the prosecuted and by its you know things happen people get sick of their family emergencies so it comes up. -- is going forward here presuming the juror does show up today com. Agassi ancillary question that is if for whatever reason it was a medical issue and I think at the fluids and take two weeks what would happen and. Well. Usually. Experience alternate had. Party an excuse when deliberations start and cute aptitude to go forward with eleven turn. I've been told by reporters to repair the ultimate are still there which compete -- -- so I I don't think that they could be substituted at this stage but maybe. You know it confuses me about this is. Eleven jurors took. Twelve to convict -- had to be unanimous. It does but it and yet -- child wonder what excuse for a refusing to Obey that judge's instructions and -- Spain and to that went forward with the Atlanta and that was upheld on appeal but it was. Something the -- -- Very nervous. Yet -- I would think it's that one person if if it was me it was on trial and I'm not lobbying for against anybody here would be. Concerned that person that was dismissed. It was -- one vote there would have freaked me and then if if they had replaced. The new to him or her with an alternate juror than maybe. You know I would've gotten off but I guess is not the way it works. Yeah I mean that the argument made and particularly to decide -- -- -- refusing to deliberate and that becomes a very real argument it's a little different. Somebody -- anchor it is emergencies but still it's it's something you monopoly if you can set it's that the one thing it's it's patently. -- -- get to numbers you know twelve jurors hopefully there are maybe eleven is that something like that would happen in 21 counts with. In terms of Ray Nagin walking out of jail walking out of the courthouse in on him and go to jail or heaven and go to jail for something their. In the jury convict on some not others what if the juries hung on some. Or divide I don't understand how it works a calming. You asked that it -- -- and -- quit on them. And make it out so convict on them and then hang around -- -- -- that the government could we tried. That verdict rhetoric -- and that did count for their verdict. -- they were to find him guilty on only one count for all intents and purposes it's a guilty verdict but only for that -- So they would have to at least have one disagreement. It where they couldn't do what he -- -- this out and let it. That's the case today and there's no clear consensus on. Any of the verdicts then he goes a -- Mandy -- -- that's a hung jury. Don Terry and the government would retry him. But if if they convict on any count that he is convicted on that count even if there's an injury in the. That's how common was it when you were prosecuted to. And that happened where -- would convict on some counts nine others and -- really try. Not commented hang on some counts and convict and other counties say that there hanging negating an awful thing. But it is picking on -- acquitting him that fairly common -- few days. Two different kind of conduct that charge a bit different bribery scheme for the jury to believe someone others. And then there's tax counts of tax evasion and make it definitely. Believed attacks count possibly not the bribery -- -- accounts for almost uncontested by the defense. Why in your professional opinion and meeting go inside reining in -- -- is I understand defeat of taken a plea deal would have taken his sons and perhaps -- out of the equation. Com. Is he where his reputation at this point do you think it's hubris and he seemed defendants like that. He'd gambled correctly it is the government didn't act threatened to indict his son's that he act gambled correctly that they wouldn't actually follow through and probably a lot of evidence. Directly against the plan and they do against him. As to lowering his sentence and taking a plea. Yeah I mean that the defendant have a hard time negotiating -- that remark like complicated but I think it's just really hard for someone like being into rapid slide around. Going to present. And so for whatever reason that the Eric into denial or whatever. He thinks he can beat the and he's not going to. Go ahead and agree that it felt like that time. I I can we're out of time but I can tell you this I I can wrap my head around going to prison wrap my mind around that but it makes me cry don't do. Thank you Tanya --

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