Hung jury for Kim Potter? Dan Abrams thinks it’s possible
(NewsNation Now) — NewsNation host Dan Abrams reaffirmed his belief Tuesday that we may have a hung jury in the trial of Kim Potter, but an attorney on his show said “not so fast.”
“It is still far from a foregone conclusion, but I would certainly not be surprised,” Abrams said.
Potter, a Minnesota police officer, shot and killed 20-year-old Daunte Wright in April, after seemingly mistaking her handgun for her Taser. Jurors weighing the case of the suburban Minneapolis officer asked the judge after a full day of deliberations Tuesday what they should do if they can’t reach a verdict.
“Once the jurors asked that question, it has got to make all the parties, particularly the prosecution in this case, very nervous,” said Abrams, who had previously discussed the possibility of a hung jury on his show.
Law and Crime Network anchor Jesse Weber said that could be a possibility, but he’s focusing on the second question jurors asked: Can zip ties be removed from Potter’s gun so it can be held out of the evidence box? The judge said “yes.”
“The jurors who already siding for guilt are going to convince the jurors who are leaning towards acquittal,” Weber said. “So as much as this looks right now that maybe they’re not, you know, on the same page, tomorrow could be very interesting. And also it should be noted, it wasn’t clear whether or not they are undecided about both charges or one charge. So although it looks like they might not come to a consensus, that second question is so critical because I think they’re going to look at that gun and say, ‘Oh my gosh, how on earth could Kim Potter mistake this for a Taser?'”
Legal analyst Dina Sayegh Doll said the possibility of a hung jury depends on how many jurors are in agreement, which we don’t know.
“It’s a little bit hard to kind of read the tea leaves here, and know whether or not they will be able to continue deliberation and come to a consensus,” Doll said on “Dan Abrams Live.”
The judge has ordered that the jury be sequestered during deliberations — meaning they remain under the court’s supervision in an undisclosed hotel and cannot return home until they have reached a verdict or the judge has determined they can’t reach one.
The judge said for first-degree manslaughter, prosecutors must prove that Potter caused Wright’s death while committing the crime of reckless handling of a firearm. This means they must prove that she committed a conscious or intentional act while handling or using a firearm that creates a substantial or unjustifiable risk that she was aware of and disregarded, and that she endangered safety.
For second-degree manslaughter, prosecutors must prove she acted with culpable negligence, meaning she consciously took a chance of causing death or great bodily harm.
The Associated Press contributed to this report.