KARIN: THAT IS WHERE WE ARE
GOING.
JOE DEITERS: THEY
WORK VERY HARD
AND A LIBERATED FOR 25 HOURS.
-- DELIBERATED FOR 25 HOURS.
WE WERE OBVIOUSLY DISAPPOINTED.
WE PUT IN A TON OF TIME AND
MONEY AND EFFORT ON THIS.
THE JUDGE DID A GREAT JOB.
THE DEFENSE DID A GREAT JOB.
IT WAS --
CANNOT, I WOULD BE
LYING IF I DID NOT TELL YOU IT
WAS DISAPPOINTING.
>> WHAT IS NEXT?
WILL YOU TRY THIS?
JOE
DEITERS: I'M GOING TO GO
THROUGH A PROCE WHERE WE WILL
ANALYZE WHETHER OR NOT THERE IS
A PROBABILITY OF SUCCESS AT
TRIAL.
IF I THINK WE CA WIN, WE WILL
RETRY THE CASE.
>> WILL YOU PULL THE JURY TO
FIND OUT WHAT THEY WERE HUNG UP
ON?
>> WE HAVE NOT TALKED TO THEM.
WE HAVE NOT.
>> IS IT POSSIBLE TO MOVE
FORWARD ON A LESSER CHARGE?
>> NO.
NO.
I CAN TELL YOU THIS, WHAT WE DO
KNOW IS THAT THEY WERE LEANING
TOWARDS ACQUITTAL ON THE MORTAR
-- MURDER.
THEY WERE LEANING TOWARDS
CONVICTION ON VOLUNTARY
MANSLAUGHTER.
BUT THEY JUST CANNOT COME TO
AGREEMENT.
>> YOU WERE SO SURE, YOU SAID
THIS IS MURDER.
YOU REALLY BELIEVEDN THIS
CASE.
YOU SAID BEFORE HAND THAT THIS
IS SOMETHING THAT IS GOING TO
STAY WITH YOU.
THAT WAS BEFORE THIS VERDICT.
WHAT DID YOU MEAN BY THAT?
JOE DEITERS: I STILL THINK IT IS
MURDER.
I THINK WE PROVED IT.
PEOPLE, YOU'RE ASKING 12
LAYPEOPLE TO TRY TO MAKE SENSE
OF THE VERY, LOCATED LEGAL
INSTRUCTIONS AND THINGS LIKE
THAT.
WE WILL LOOK AT WHAT WE DID IN
THIS TRIAL AND MAKE AN
ASSESSMENT.
AGAIN, I HAVE TOLD YOU THIS
BEFORE, WE HAVE TO DECIDE
WHETHER OR NOT WE HAVE A
PROBABILITY OF SUCCESS AT TRIAL,
IF WE WOULD RETRY IT.
I HOPE TO HAVE THAT ACCESS THE
-- ASSESSMENT DONE BY NOVEMBER
28 TWO REPORT BACK TO JUDGE
SHANAHAN.
>> LET ME ASK YOU THIS, WHAT DO
YOU SAY TO THOSE PEOPLE THAT
FEEL LIKE THIS IS A SIGNIFICANT
STEP FORWARD REGARDLESS HUNG
JURY OR NOT FOR JUSTICE.
IF WE DID NOT HAVE A BODY CAM,
HE WOULD NOT EVEN BE AT THIS
POINT.
JOE DEITERS: I
COULD TELL YOU
CATEGORICALLY, IF WE DID NOT
HAVE THE BODY CAM, THERE WOULD
BE NO CHARGES FILED.
THAT IS THE REALITY OF THE
SITUATION.
>> WHAT DOES THAT SAY TO YOU?
JOE DEITERS: I HOPE THEY USE OF
BODY CAMS BECOMES MUCH MORE IN
THIS COUNTY.
CLEARLY, IT WAS THE HEART OF THE
CASE.
NOW, DID WE EMPLOY IT RIGHTLY IN
TERMS OF CONVINCING THE JURY?
WE CONVINCED A LOT OF THEM, BUT
NOT ENOUGH.
[CROSSTALK]
>> PERHAPS YOU OVERCHARGED, I
HAVE HEARD THAT IN THE IMMUNITY.
MURDER WAS TOO STRONG.
NEGLIGENT HOMICIDE MIGHT HAVE
BEEN BETTER.
WHAT ARE YOUR THOUGHTS ON THAT?
JOE DEITERS: I DON'T REMEMBER IF
YOU REMEMBER JUDGE WEST.
WHEN THIS INDICTMENT CAME DOWN,
HE WAS THE PRESIDING CRIMINAL
JUDGE.
WE ASKED HIM TO COME OVER AND
ADVISE THE GRAND JURY AS A
POTENTIAL CHARGES.
THOSE ARE THE ONES THEY
RETURNED.
>>
WHAT YOU SAY TO THE DUBOSE
FAMILY WHEN YOU TALK TO THEM
TODAY?
>> I'VE BEEN TALKING TO THEM.
>> I MEAN AFTER THIS.
IF YOU ALL TALK TO THE DUBOSE
FAMILY, I THINK YOU'LL FIND THAT
THEY WERE THERE HE IMPRESSED
WITH THE PRESENTATION THAT THE
PROSECUTION DID IN THIS CASE AND
THE EFFORT EVERYONE PUT FORWARD.
[INAUDIBLE]
JOE DEITERS: NO.
THEY WERE NOT MOVING.
IT WAS OBVIOUS THEY WERE NOT
MOVING.
>> WHAT WILL YOU SAY TO THE
PEOPLE HAMILTO COUNTY?
JOE
DEITERS: WELL, I THINK
PEOPLE NEED TO RECOGNIZE HOW
MUCH EFFORT WENT INTO THIS CASE
BY THE STATE OF OHIO AND HOPE
THAT EVERYONE JUST TAKES A DEEP
BREATH AND UNDERSTANDS THAT WE
WILL COME TO A CONCLUSION ABOUT
A POTENTIAL RETRIAL.
THAT WILL BE DONE BY NOVEMBER
28.
>> THANK YOU.
HAMILTON
COUNTY PROSECUTOR JOE
DEITERS.
THE CINEMARK, IF YOU'RE STILL
WITH ME, YOU HEARD WHAT HE HAD
TO SAY.
THE POSSIBILITY OF RETRIAL STILL
REMAINS.
A FEW WEEKS FROM NOW WE WILL
LIKELY KNOW MORE.
THE JURORS WERE LEANING MORE
TOWARDS ACQUITTAL ON THE MURDER
CHARGE AND LIKELY VOLUNTARY
MANSLAUGHTER.
IT SOUNDS LIKE A NUMBER OF
JURORS FELT LIKE THE VOLUNTARY
MANSLAUGHTER CHARGE APPEARED TO
BE APPROPRIATE.
WE DON'T KNOW THE EXACT NUMBERS.
HE WILL TRY TO CANVAS FACTORY
AND GET A SENSE OF WHO WAS
FEELING WHICH WAY AND WHAT THE
NUMBERS WERE AND PRESUMABLY
THOSE NUMBERS, ONCE YOU HAVE IT,
IT WAS 10-2 FOR ACQUITTAL OR