tv KRON 4 News at 5 KRON August 19, 2019 5:00pm-5:30pm PDT
into the courtroom in a few minutes later walk out of the courtroom than other thing to note is that only 4 alternates are here we just have 4 alternates and 3 of them are now being used in the judge says she's already received notes for jurors about scheduling conflicts with one alternate left legal experts say a mistrial is now possible of more than one juror cannot be seated now it's also important to know that there's a gag order in place which means defense attorneys are not speaking to us like they typically do at the end of the day we're also not hearing from family now that's not because of the gag order just lot of the motions of course they walked out here not too long ago we were ready to s speak with them this afternoon. they said it's just too overwhelming and too difficult to speak at this time. michelle. >>yeah, what has been the overall sentiment i know you had these family members you reference to were alerted that there would be this major announcement i imagine a lot
of them had hoped that that was a verdict but now this what's been the vibe there between family members coming to the courthouse. as well as jurors that you've been seeing walking in and out in you know had to be sort of a surreal day. >>you know his secret unit has been here every single day the past 10 days of the jury has been deliberating i haven't been here so for me to get that call today, you know we obviously assume there was a verdict coming down as family was called at about 1230 today like i said to come in. they knew that there was no verdict that they knew that there is a major announcement and i think they were just ready. i think they were ready to hear what's next in this trial. it's been a long and difficult case for them to sit through and listen to all of that testimony. >>and again when they came down this afternoon. just too overwhelmed to speak with that it's a lot of information and to know that all the deliberations have to begin all over again it's a very
unclear as to how long. they will deliberate moving forward. i mean we went through 10 days of deliberations who knows how long deliberations are going to take now. >>yeah, we were speculating back here what was happening there was some thought that this was going to be a mistrial for the families again you are alluded to this said it was it's a very emotionally draining experience. i'm at i can imagine why they don't want to talk down to do you think they they can handle this michelle we just lost her. we're going to move on. joining us now to talk about the latest developments in this trial is criminal defense lawyer paula canny while i'm paula thank's high co you're with nice time a lot you here in person now thank you for. >>being here where you. >>as stunned as the rest of us to hear the announcement today. >>i'm surprised that 3 jurors were removed is a group i mean that's a big deal when i think about all the things that can happen in jury deliberations to remove a group arguably a
click that's unusual. so the standard for removing a jury or is there has to be some sort of miss conduct that is prejudicial to the fair administration of justice. so i don't know why they were move there's all these stories are they were talking to the media air they were talking to the families or they were talking to are they you know did independent investigation all the things that you could think of but unless that conduct prejudice is the fair administration of justice they shouldn't have been remove so my gut is that what happened is these jurors have been you know delivering 10 days. my sense is that these 3 jurors we're just like. we're not guilty. we just think that we're not guilty and further deliberations are going to do us no good. and so if the judge brought in and each of the jurors and asked them. and
9 jurors said they're refusing to deliberate from the judge could remove some for not being willing to continue efforts at the liberation so that's my god i have no fat basis for. but it's unusual to me to remove a group. >>all right so your read is this good or bad for the prosecution. >>well it's good for the prosecution because the 3 impediments to conviction were removed by the judge. >>what about though these a scheduling conflicts now we heard that 6 notes got past the judge today. once the new jury convened if you will. it's a risk though right you remove these 3 and then you just go on the side you have one alternate and you have a whole what you could have another month or so. so i mean. >>at this point if the 3 would have said further deliberations aren't worthwhile she could have declared a mistrial and there would be no verdict and the
choice would be whether the prosecution would start again. now there are 3 new juror first there were. so that leaves one alternate and in order to have a verdict there has to be in california, 12 jurors. so if 3 jurors are like we have to go or this doesn't work or some ason that they can continuing deliberating and that number blows falls below 12 miss trial end of story and there's nothing the judge can do. >>what about all the taxpayer money that has been used on this trial some people that don't follow this closely forget that there is a plea deal that was agreed upon oh man it would get 9 years harris would get 6 years 6 and they just. >>is there some regret now that they didn't just go for that. >>i'm sure that but there's a lot of talk in the district attorney's office and among the judges on around you know courtroom, pundits and the like that. by rejecting that plea you know bargain so much
has happened. it's spent thousands and thousands and thousands of dollars tons and tons and tons of stress. i mean uncertainty creates stress and just like the victims families are stressed out. so are the defense lawyers so are the defendants so are the defendants families. this is a super paul r case because there is a large number of people that say this is crazy to scapegoat these 2 people when so many other people have a part in allowing go shipped to exist and then there's the other group that it's like we need to hold these 2 people accountable. so politically it's a pretty polarized thing and and again the thing that people need to understand about. and here is even if they're convicted. and this is what's called an 1170 age crime, involuntary manslaughter is one of those crime times that although it's
a felony the person cannot be sent to prison. the sentence must be served and in the county jail. it was one of the things that the legislature did in 2020 12 to eliminate prison overcrowding you're saying they'll never go to they will never go to prison. the maximum punishment to them i believe is 39 years and so science and that senator reid and courage act if they were sentenced to the maximum punishment under the crediting rule for every day they serve they get one-day credit so they would search that have that time in santa rita county jail a place that was never designed to keep anybody long-term so. >>where do we go from here how much longer do you think we have would have these 3 jurors who are the all traits been doing since deliberations started and how long will it take. >>to get them up to speed, i mean i'm sure they've been trying to go about their lives as we all do, but we're a quarter during the trial and then since then they were free
to go exact one still liberation start. the judge dismisses the alternate says go about your life do whatever you want to do the on telephone stand by and if you if we call you you have to come in. so i'm sure that they were kind of going about their life. but also at the same time nervous about being called in so their lives are now totally interrupted and remember a judge has a huge amount of power. that judge even has the power to order that jury sequestered meaning you don't go home. you stay here until you reach a verdict believe she suspected that there was contact with the media which corrupted at the first arrest. we're looking at at least another couple weeks to to reread all of us are all tonight at us if the 3 are going to be as diligence is the original 12 which lie. law correct, but they could say
well we remember it this way and this is how we feel because remember of fema look back to many years ago to the scott peterson case. was removed and the new composition of 12 had a verdict in under 8 hours. so it's hard to know what's going to happen it's hard to know. they the jurors aren't required to do exactly the same process as they did the first time around i mean i don't know who the foreperson of the jury is i don't know if one of the 3 was the foreperson. the foreperson has the power to sort of semi control in some ways how the 12 will deliberate among themselves, but it's a whole new group of people so just think about group dynamics of and it goes from being predominantly women overwhelmingly 3 quarters to now almost 5050 men and women and maybe that dynamic will have some place so it's it's just hard to know except that it's going to be just more
stress for everybody everybody, your gut do you really feel that in the end that people will feel justice is served or. >>with these families feel robbed. leslie your legal weed or you can have your legal guns, but you both at least according to the federal government. washington dc correspondent trevor shirley reports. >>kim petr served in the air force for 10 years even deploying overseas. now retired in delaware she legally uses medical marijuana to help with ptsd. >>jury they'll probably work out some sort of plea bargain to end all of this and if it's a guilty. there's absolutely going to be an appeal and one of the issues is going to be removing 3 jurors after 10 days of deliberation thank you paul. >>it's a lot to unpack here we have show you of your legal weed or you can have your legal guns, but you. at least according to the federal
government. washington dc correspondent trevor shirley reports. >>kim petr served in the air force for 10 years even deploying overseas. now retired in delaware. >>indigo ship trial kron 4 will have live team coverage at the courthouse at at&t we believe in access. the opportunity for everyone to explore a digital world. connecting with the things that matter most. and because nothing keeps us more connected than the internet. we've created access from at&t california households with at least one resident who receives snap or ssi benefits. may qualify for home internet at a discounted rate of $10 a month. no commitment, deposit, or installation fee.
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investigating the man for at least 2 other similar attacks. >>alston james vincent ignored reporters questions as he walked into the courtroom wearing a suit and tie looking much different from his booking photo. it was the judge's decision to release him pending trial after his arraignment last week that caused the victim to tweet out surveillance video showing the attack outside her beale street condo building that disturbing video then drew media attention and sparked outcry from the community the judge seen the video on the news modified her decision and ordered vincent to be fitted with a gps monitor which he wore returning to her courtroom today for a status hearing that ended up being postponed. as police officers were waiting for him to surrender on a $100,000 arrest warrant. police say a second woman to solve the nhs's mug shot on the news and recognized him as the person who attacked her at 4th and brandon back in february the victim in that case was with a couple of friends at a local restaurant. outside ready to
go home they were attacked by mister vincent with a knife. thoue individuals had called for an uber ride. and you arrive. >>right arrived and they were able to get into the hoover and leave the scene. >>the deputy chief says they're also in the early stages of investigating 2 other incidents in the last couple of months that have come to light since this is a rest in the beale street attack, although one of the new accusations being investigated is described as vlent encounter. isturbingly >>and the other one, not quite a similar. has some some things in common. this is attorney spoke to reporters outside the courtroom. >>austin has been doing everything that the judge ordered him to do. he takes a situation. >>very serious but is also taking his treatment very serious and he's been doing everything he has to do. >>to get better vinson is now back inside the san francisco county jail booked on several new charges, including assault with a deadly weapon and making criminal threats. he's due back in court for that
postponed status hearing and likely. his arraignment on these new charges tuesday afternoon. maureen kelly kron 4 news. >>we have team coverage on this story here also vincent second arrest comes as no surprise to the victim of last week's assault. >>yeah in kerman is live outside the condo where that attack happened with more on this day. >>that's were in contact today with the victim of an assault that happened early sunday morning a week ago. she says that she is not surprised at all that he has been arrested again even if it was a previous attack. >>the fact that assault suspect austin vincent is back in the county jail now accused of a second assault comes as no surprise to pennies casar ian, she's the woman in this video who vinson is charged with assaulting a week ago. in a statement because sorry and tells kron 4 news. she's not
surprised the judges the da's office in the city need to take these matters more seriously and look at these cases with more scrutiny because as it's been proven just in the past week when criminals are struggling with mental illness and substance abuse. they can't be safe to be on our streets. but it's not a matter of if they would hurt residents of san francisco. but a matter of when last week a sorry and is going after the judge inpthe district attorney for their roles in the suspects released pending a return to court and she's also taken on the mayor for not doing enough to keep the residents of her city safe. we asked the mayor about vinson's latest arrest. i think there were number of mistakes across the board and. >>this is really why we need some changes to our criminal justice system why we need mental health reform. why we need to make sure that the systems are in place to make sure that someone like this who was arrested in the first instance is addressed and it
doesn't lead to an additional situation. >>this week in casar ian and the group's safe embarcadero for all used her incident to call for a halt to the construction of the homeless navigation center adjacent to kiss aryans condo but the mayor is still committed to the plan is sadly in san franyisco. homelessness is a major issue and so the question is do we allow people to continue to sleep on our streets or do we at least provide opportunities for them to go indoors. >>get supportive wraparound services so that we can help them transition into the help and the support they need or into permanent supportive housing. >>the district attorney's office has also come under fire from this sorry and 4 having that video but never showing it or mentioning it to the judge during that first hearing last week. we're also finding out from police that when they were looking into of incident for the second incident they had informed the
da's office that they were looking into vincent. it's unclear exactly when the da's office knew about this if it was before. after that second hearing on friday. live in san francisco. dan kerman kron 4 news. thank you dan still at far as trying to reduce its waste but it could cause a headache for commuters, the stations no longer accepting paper ticket 7 gavin newsome signing a police use of force bill rodeo...
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i think you can too. trust aag for the best reverse mortgage solutions. so you can... retire better. >>and our 4 zone forecast let's take a live look outside much as we could see through the fog there are cam overlooking downtown san francisco and the city's emerging as we speak the fog just kind of drifting their past our camera once it wrote our chief meteorologist lawrence karnow is here it was noticeably cooler the past couple that nice to finally cool down a bit over the weekend. yh. >>looks the trend is going to
be going up again those eigh pressure takes over that sea breeze really kick in fact some white caps so out of bay waters even this afternoon and you haven't got that fog. that is the industry back on shore more that on the way little big swirl off the coastline. that is a strong area of low pressure thds time of year spin around getting closer and closer not gonna bring us any rain but likely bring some rain drops up the pacific northwest, we'll keep things dry here except for maybe some patchy drizzle overnight tonight but that fog begin to reform again it's going to surge well on shore think all the way the interior valleys outside right now we do have some nice numbers, but again breezy. yes, 75 degrees in san jose 73 degrees much more comfortable more they 78 in khaki to find some 80's into fairfield in pittsburgh, 79 say to leave the 77 in nevado and 72 degrees right now in petaluma tonight, the increasing low clouds and even some patchy drizzle tomorrow morning fog and then becoming mostly sunny and breezy for the week ahead is going to see a ridge of high pressure slowly building in a the desert southwest again, and that is going to bring that dry desert air to the bay
area. the wind's going to be story over the next 2 days that sea breeze will blow once again the lucky numbers cool tomorrow. but i think as we get into wednesday and thursday some of these numbers again getting your triple digit heat. thanks for its next at 5.30 a baby is safe from a hot car in the east bay, how a city employee came to his rescue. a man looks eerily similar to a sketch police released of a child predator resulting in a fight at a southern california bar will explain than right after the break we continue our breaking news coverage of the ghost ship warehouse trial. >>3 jurors today
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>>for breaking news at 00:30am tonight 3 jurors in the go ship trial have been replaced that means that the deliberations have to begin from square one today would have been day 10 of deliberations, but the judge called a closed door session and later made an announcement. >>that 3 alternates would now be seated kron 4 secret un