News Cut: December 17, 2012 Archive

The streets of Woodbury

Posted at 11:42 AM on December 17, 2012 by Bob Collins (3 Comments)
Filed under: Crime and Justice

The local police blotter has always been something from which I can't look away. Particularly in smaller towns, there's no better way to get the temperature of a community.

Years ago, MPR carried a segment with the police chief of Bovey reading a sample of his department's calls, based on the good chief's newspaper column. The late Terry Wilkey started each column, as former MPR reporter Catherine Winter recalled, "with a suggestion that know-it-alls should not read his words because they might overtax their minds. Each column ended with the advice, 'Lock that door and get that license number.'"

I think often about Chief Wilkey when I read some of the blotter items from either the Woodbury Bulletin or the Woodbury Patch. These two come from the latter. What would Chief Wilkey do?

Police were called about a dispute between neighbors--one accused the other of shoveling snow onto her yard. An officer made contact with both and tried to mediate the situation. One appeared willing to do so; the other did not. The officer noticed that the person who was unwilling to make amends had a sign in a window that read: "Merry X-Mas Ass" with an arrow pointing to the other home.

Sometimes, the shortest items can be too revealing about a community:

Police were called about an individual who did not appear to be a "normal clean-cut Woodbury person" in the Ashley Furniture parking lot. Police found no issues.

Court: Judge can't order jury to reach a verdict

Posted at 10:46 AM on December 17, 2012 by Bob Collins (2 Comments)
Filed under: Crime and Justice

Maybe you've seen the TV crime episode when a jury is hopelessly deadlocked but the judge tells them they have to reach a verdict.

A judge's instruction to them might sound like this:

Members of the jury, I received your note from . . . your foreperson. "We have reached an impasse, how should we continue." I have discussed that with counsel as well as Mr. Olsen. How should you continue? You should continue. I don't believe you have deliberated long enough and I'm going to send you back to continue your deliberations reminding you of the instructions I gave you. And I'll remind you once again you are the finders of fact. There are twelve of you and you are to make a decision on this. It's what I have discussed with counsel, and this is being done with their approval as well but it's ultimately my call. Back to the room. If you go into the noon hour give us a half hour, forty five minutes to get you something to eat.

What you don't see on TV is a Court of Appeals overturning a conviction because of those instructions.

It happened today in Minnesota when the Court of Appeals overturned the conviction of a Chaska man, who was charged with sexually assaulting his girlfriend's child.

In September 2011, a jury convicted the man, just a few hours after the judge told them they had to reach a verdict.

"A hung jury is a legitimate outcome to a trial," the court said today. "Telling a jury that it must reach a verdict may cause jurors holding a minority viewpoint to surrender their honest beliefs in order to reach a unanimous verdict."

Travis Olsen will get a new trial.

Here's the full opinion.