No verdict yet in Robert Higbee case

Trying to read into jury questions is almost impossible.  Higbee could still walk away with a not guilty verdict, but I have some serious doubts at this point.  Friday came and went without a verdict which is always important for a defense attorney.  A lot of verdicts tend to come down around 4 on Fridays when the weak hands fold as the prospect of coming back on Monday becomes real. 

With the jury out all day, not much happened except for some jury questions.  At first they wanted a calculator and then an hour later, they wanted a ruler.  I can’t possibly think of another criminal trial where a jury would ask for things like that.  I can’t see how this helps the defense.  The more they try to calculate one thing or the other, the more they are trying to find guilt. 

My best guess is that there will be several more questions on Monday in addition to at least one read back request.  As a result, I don’t think we will see a verdict on Monday.

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About jefhenningeresq

New Jersey Attorney focusing on white collar crime, street crime, business law, identity theft and family law.

Posted on June 6, 2009, in News and tagged , , , , . Bookmark the permalink. 5 Comments.

  1. Jef-
    I have followed this case from the beginning. I look at this case as a traggic accident (probably in the minority). What did strike me in this case – was the counsel he selected. Unknown, and from what I saw, a good attorney but not one I would have chosen with 10 or more years on the line. Thoughts?

    • whitecollarcrimenews

      I’m glad I’m not alone. I don’t know William Subin from a hole in the ground. He might be an amazing attorney. I would hate to have the public watch me on TV and nit pick every move I made when they are only watching half the trial at the most. That being said, I just can’t see how anyone can justify that summation. There was no real passion or organization. I know a lot of attorneys that are not “big name attorneys” that could have done a better job than what happened here or what some other alleged big name attorneys would have done. I wish Higbee and Mr. Subin the best but I have so many questions as to what was going on here.

      • I agree with you – it is very easy to be Monday morning QB – but as you stated, no passion or drive in his arguments. His cross examination was fair at best. I just don’t understand why he chose this attorney. I hope I am wrong – meaning the verdict is NG. I don’t see this case as jail time – I am sorry.

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  3. I’m thinking….maybe there were only a few G votes initially. The G’s tried to convince the NG’s on Fri. with their calculations of speed, distance, braking, acceleration, etc. The NG’s wanted the G’s to hear Higbee’s testimony again, which was pretty darn convincing. Except they ended up having to listen to the entire testimony, which took all day. By the time that was finished, they were exhausted. Knowing they were in a losing battle, and having heard a plausible explanation from Higbee’s testimony with which to justify a switch, and not being sure enough about their position to cause a hung jury, the hold-out G(s) caved. Pure conjecture on my part though.

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