Judge Wright:
Madam Foreperson, as to each of the 15 counts of the indictment: Murder in the second degree, has the jury reached a unanimous verdict?
Foreperson:
Yes, we have, your honor. We find the defendant guilty.
[applause is heard in the courtroom; the judge bangs his gavel, silencing them]
Judge Wright:
Order! Order! Ladies and gentlemen of the jury, I thank you for your service. You are excused. [to the stenographer] Don't pack it up just yet, Linda. I'm finding, as a matter of law, the People failed to meet the standard of proof I said at the beginning of trial. The People did not establish that the weapon was hazardous per se, nor that the main actor in the homicide used the weapon as it was intended to be used by Mr. Weber. Therefore, I'm setting aside the jury verdict and issuing a directed verdict of not guilty. The defendant is free to go. [bangs gavel]
McCoy:
Objection!
Judge Wright:
[bangs gavel again] Order! Order!
McCoy:
[approaches the bench] I'm filing notice of the People's intent to appeal! This is outside the scope of your authority!
Judge Wright:
Mr. McCoy, I'm not gonna sanction a verdict that can't possibly be sustained on appeal. This conviction isn't based on any proven facts. It's based on the jury's outrage at Mr. Weber's irresponsible and inexcusable conduct. You wanna end the violence, the bloodletting. So do I, Mr. McCoy. In my 30 years on the bench, I've seen every permutation of it, and it sickens me when somebody profits from it! But tempted, though I may be, putting Mr. Weber in jail won't end the carnage. Until we cure what ails the human heart, it won't make a dent in the body count. In the meantime, no matter how profound our grief, our indignation, I can't let you use this court to raise a lynch mob. I won't allow you to exploit the same base actions Mr. Weber counts on to beef up his bottom line! It's not about being right, Mr. McCoy. It's about doing right. Now, we're adjourned.
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