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tv   KRON 4 News at 6  KRON  August 19, 2019 6:00pm-6:29pm PDT

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station. our breaking news tonight at 6 a major setback in the ghost ship warehouse trial. the judge announced this afternoon that 3 of the 12 jurors have been replaced. >>today was day 10 of deliberations. the jury must start deliberations over from the beginning was 3 alternate jurors. thanks for joining us tonight, i'm ken way and i'm pam moore, those 3 female members of the jury were dismissed today, but it is still not exactly clear why kron four's michelle kingston joins us live from outside the courthouse in oakland with the latest developments, michelle. >>deliberations are starting all. >>all over again, and we have
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3 jurors who were excused 3, 3, 3 female jurors and now we have 3 alternates coming into men and one woman and now it's unclear at this point why those 3 jurors were excused. today started out just like any other they were deliberating for about an hour this morning and then the judge called for a closed session at that time victims family members were called in asked to come to court for a major development in the case they were unsure what that development was they were told that there was no verdict at that time of the closed session continued until about 3 o'clock we were standing outside of the courtroom. from about one 30 to 3 just waiting to be let inside i just before we were allowed in we watched as 3 jurors who we now know to be the 3 who were excused walk into the courtroom and just a few minutes later, we watched them a walkout. now another thing to note is th 3 of them now being used in the judge says she's already received notes from jurors
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about scheduling conflicts and i would just one alternate left legal experts say a mistrial is possible of more than one sure cannot be seated for the remainder of deliberations, so it's very possible that we're on the eve of a mistrial as we speak now, there's also a gag order in place right now which means typically the defense attorneys come out here they speak to us at the end of every day here at court there i'm able to speak with us today. we thought we would be able to speak with some family members find out how they were feeling about this news today. they also said they were just too overwhelmed and unable to speak with us today. i can tell you i just being in the courtroom with them they definitely seemed frustrated. this has been such a long trial. so much testimony 10 days of deliberations and i have to start all over again and continue to wait to find out if we do reach a verdict for now live in oakland, michelle kingston kron 4 news. >>all right michelle see you a little bit later in this newscast, or another update a lot of issues to cover based
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on today's cor development with us now to help sort things out. >>criminal defense attorney paula canny of certainly to start with 3. jurors this month for laymen that sounds like a lot i would assume at that that is the law. it's super unusual to tended dismissed 3 jurors at one time i don't think i've. >>ever heard of that ever maybe one for something maybe 2 but to dismiss a block at one time it is like i said i've never heard of that before his has suggested those 3 were somehow in cahoots with each other in some way mean i know we don't know of a circumstantial evidence might be that but i mean what my gut is is that. >>you know, we know they were all deliberating, we know they deliberated for 10 days, we know they started deliberations and then. >>somebody sent a note to the judge so one by one. the jurors were called in questions and so my gut is that it isn't some misconduct
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thing per se because misconduct alone isn't enough to remove a juror and has to be prejudicial misconduct something that inhibits the ability of the jury to do their job. i kind of think it was that these 3 people and said we think we can't reach a verdict and we both the way we vote and we think further deliberations are going to be fruitless not going to be worthwhile and if other jurors said we think further deliberations would be worthwhile in these 3 said no they wouldn't then individually they would have been removed so it isn't and the judge took off 3 and said all 3 are off. she had to remove each one for its. her own reason as to that individual person, it's just that there haan individual reas to remove for it would have been a jury correct and so if these 3 were saying we can't reach a verdict and 9.
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we're saying we still want to try. then the judge should keep going. but if these 3 were saying we can't reach a verdict and the other 9 said we can't reach a verdict we want to have a hung jury and it would have been over so i kind of think it's somewhere around that. now that these 3 jurors have been removed. that they you know didn't want to declare a mistrial they have to replace them with the 3 alternates. have to start deliberations again anew. or 2 of those jurors any one of those 12 say i can't keep doing this because. commitment or i told you when i started i couldn't do this past august 20th. and the judge said don't worry will be done by then she's going to let him go but if they fall below the number 12 in the state of california, it's a mistrial you can not. >>have a verdict unless you have 12 unit.
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>>and a master's a deliberations said could be as long or longer than we've already been through exactly it could be another 3 weeks of deliberation but again it doesn't have to be the same process that the first 12 did this group could make a decision in a relatively short period of time there's no requirement that they do just what the first group of 12 did what are the rules that apply to the alton is so everybody is told when they have the whole pool there. >>you can watch television news you can't your newspapers on online all of that the alton is are not in the deliberation room so they're at home with their families, whatever is assume that they have followed those rules now they join the other 9 that are left are the ones who are gone now under a gag order and what happens now that the the new jurors are and with the once you've been there for all ok so. >>at the beginning and end of
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every court session. the judge reads an admonition to the jurors telling them they're not to discuss this case with anybody they're not to watch media accounts watch television even kron 4 nobody won its covering this issue and they can't discuss it with anybody. so that. admission applies equally to the alternate jurors and so if an alternate juror says oh well i thought because i was an alternate i was watching television about it they will be excused because they violated the judge's admonition. so none of the jurors. are supposed to be watching anything about this are getting outside information and you bring up a really good point because. the judge dave and order to this 3 excused juror. not to discuss. why they were dismissed now that's an unusual order but because usually when a juror
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is dismissed. they're dismissed the court doesn't have authority over them and so the interesting thing about this is 10 years ago when jurors were sent in their way and said no i'm convinced of to my heart because remember that's what we want out of a juror. there are individual opinion when a juror said i'm convinced of the truce of my verdict, especially after 10 days of deliberation. and judge wouldn't have removed a juror. but there have been a series of situations where they've allowed jurors to be removed and then be replaced and so it's an interesting phenomenon if there is a conviction in this case. it is completely predictable one of the big basis of the appeal is going to be the improper removal of 3 jurors. >>and if you're a a lawyer which side you want to be on the prosecution or the defense after this happened.
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>>why would have rather been on the defense side and the 3 jurors that were removed still be on my jury. so that's a defense lawyers, non answer for you. >>so the prosecution you think might have an advantage. nobody has an advantage at this point after this long in this complicated to deliberations in there so many forces at play. >>like i said it just takes 2 people to say i can't. >>the deliberating further for whatever reason and they fall on the whole this below the threshold of 12 and it's mistrial. >>so we've already heard that there were 6 notes sent to the judge today for a much we don't know what those notes said, but what and that is what does your gut tell you as an attorney. >>well an attorney i mean that judge who has a very difficult job to do she supposed to administer justice. she shepherded this trial threw for 4 months of testimony prior to that was a long jury
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selection process where each of the jury's filled out questionnaires. the judge represented to all those jurors a timeline and in reliance on that. said okay, i can do this. and now here we are that they're beyond the time limit that anybody on initially believed that this case would i would go so. so i just think it's gonna be. on the job for her because the thing is what she going to sequester them is she she has the authority right now to put those 12 people in a hotel room lock them up. each night when they're not in deliberations until they reach a verdict and you know that would cause huge problems to those jurors so. so i don't know what she's going tough >>in terms of process though they just start right back at it tomorrow they're going to start right back at it tomorrow they their plan their
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schedule is monday tuesday wednesday thursday they're off friday saturday sunday she has to she could say. >>given everybody scheduling problems you will deliberate monday tuesday wednesday thursday friday saturday sunday and that could address it she has a lot of power to. try to address all the different problems because what she wants to avoid more than anything is miss falling below 12 jurors she wants a verdict because she wants finality. >>all right paula canny ok thank you for your expertise, you appreciate from the night of the fire to the very first day the trial you can catch up on all of our go ship coverage on kron 4 dot com. >>you'll find what both defendants said on the stand you can watch the defense attorneys reactions to court developments and here emotional reaction from victims families and as soon as a verdict is handed down or any other major development happens in the go ship trial kron 4. we'll have live team coverage at the courthouse in oakland.
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>>it is here in the breaking news center we have been following a fire that just started that involves at least a couple vehicles, just south of santa rosa city limits on scenic avenue and we have some video that has just been tweeted out by sonoma county fire department see all that thick black smoke again, this is a couple of vehicles on fire. this is just north of the walmart and the grain casino resort if you're familiar with that area. sonoma county fire district has issued a shelter-in-place because of all that smoke free areas. south of todd road. north of golf course drive east of stony point road and west of snyder and petaluma hill road scenic avenue right now is close between south moreland and liar avenue while crews worked to put out this fireane too help everyone involved in that crash. you can see some flames there in the bottom left of your screen and of course all that smoke which is causing unhealthy air. it's unclear wha
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led to it. but at this point it does not believe that that fire has spread to any grass or brush always a concern, especially this time of year will keep you posted there on that situation scenic avenue just south of the santa rosa city limits pam ken back to you all right grant thank you for that. >>coming up a fake mailman and in the east bay stealing packages instead of delivering them. >>plus a new bill signed by everything when it comes to es police use of deadly force. the new rules law enforcement will now have to. >>and the man who attacked the woman who was trying to get into her apartment building. made another appearance in court today, we'll tell you why he was there this time
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>>the homeless man who was released from custody after this attack have a woman outside her condo in san francisco created outrage. now that austin james muntz being a violent assault child four's maureen kelly report, san francisco police took manson into custody as he arrived for his court appearance today.
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>>alston james vincent 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 allegedly making a threat to kill while carrying a knife as he approached her and her friend and waiting for an uber they got away unharmed. the
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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 similar to that disturbingly violent encounter public safety is paramount for this community. >>they need to feel safe. when we're able to take an individual like this in to custody, whether or not he has a mental health issues or other issues that may have. we want to the community safe. vinson's attorney spoke to reporters outside the courtroom. >>austin has been doing everything judge ordered him to do. he takes a situation very serious is also taking is treated very serious and he's been doing everything has to do to get better. >>vinson is now bacin on severa new charges, including assault with a deadly weapon and making criminal threats. statu
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rescheduled for tuesday afternoon. which means it could coincide with his arraignment on these new charges. maureen kelly kron 4 and continuing our team coverage now often this is the second arrest comes as no surprise to the victim in last week's assault on first and kerman live outside that condo in the city where the attack happened with more dan. >>well, pam and ken know spoke with cuts are in today. she is the woman a scene in that video being attack she says that this is something that was expected on her heart that this suspect involved in her attack would be arrested for something else. >>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
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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 in the 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 ah 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
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doesn't lead to an additional situation. >>this week an 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 francisco. 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. >>other note we should tell you is you know the judges and are fired about the release of incident also the da's office because the da had that had video of the assault and not only did show it to the judge even mention it during that initial hearing well now we're finding out that when police started looking at vinson for the second crime. they
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informed the da's office about it last week. but for some reason the da never brought it up during that second hearing on friday. we're still waiting to hear back from them to find out why live in san francisco. dan kerman kron 4 news. thank you dan. >>well let's take a live look outside on this monday most of the bay area was covered in thick clouds all day and look at the golden gate looking north. it's still that way. >>although there's a little sliver of blue sky up there i see lawrence just a. >>passable you're going to see more of that i think as we head toward the 10506 degrees less what you are talking about triple digit heat then all of a sudden mother nature's air conditioner kicked in and that really cool us down this weekend. that's where we sit right now low clouds and fog out over the bay right now stretching along the coastline we'll see more of that tonight and yeah, the numbers really taken a hit over the past 24 hours down a good 7 degrees today in livermore 5 to 6 degrees in and around the bay and everywhere around the bay
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area these numbers coming down still a 65 degrees now little bit below the average in the san francisco, 72 in oakland 78 for a high in san jose today are those places we have triple digits in livermore caulker did santa rosa. yet today only in the upper 70 so big change from just a few days ago, look what off the coastline that big swirl out there that is a pretty intense area of low pressure looks like most that energy is going to move well to the north of the bay area we're going to kind of catch the trailing edge that the like this is some rain up in the pacific northwest from that the may wrap up a couple waves out there for surfers though that may get things going as we head throughout the week, but right now we're looking at plenty of low clouds and fog that moved along the coastline and more on the way overnight tonight in fact we'll see the marine layer deep enough tonight that we may actually see a little drizzle out there we'll talk about that the rest weather coming up in just 2 minutes. thank you lawrence. >>tonight at 6.45 a northern california city filing a lawsuit suing people who are homeless, hear what caused city to take the legal action
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>>in the east bay home surveillance video shows a fake mailman not delivering packages but stealing them along mercury way and pleasant hill surrey motors and he says that she saw the fake mailman and an unusual that and he had t excuse about a new route change after talking with some of her neighbors they all began looking at their home surveillance and what they found was alarming the fate mailman was actually caught on camera trying to get into motive family's car before approaching her home. he quickly turns away when another car drives by. >>and i think the most violating part is that here is somebody who's uniform tells us something about them that we feel automatically trusting of them, and it's violated that trust.
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>>neighbors say they've not seen the fake mailman since thursday morning. pleasant hill police are handling the investigation. >>up next we continue our breaking news coverage on the ghost ship warehouse fire trial. 3 members of the jury have been replaced, we will have a live repo so that early retirement we planned. it's going ok? great. now i'm spending more time with the kids. i'm introducing them to crab. crab!? they love it. so, you mentioned that that money we set aside. yeah. the kids and i want to build our own crab shack.
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