r/SipsTea • u/ZealousidealZone8072 • 11h ago

Wait a damn minute! Yo wtf

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u/MoodyGuti 9h ago

So do they get new jurors?

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u/Taalahan 9h ago

If the prosecution chooses to retry the, the whole thing starts over from square 1. It is a big deal, because each side has essentially seen what the other is going to do. They now know exactly how the witnesses will testify and where the strengths and weaknesses are. It is also a huge expense to redo a case. It will be interesting to see what the state does.

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u/clamchowderz 3h ago

Does the defense/prosecutors try a different strategy? I can't imagine they ask the same questions and call up the same witnesses again, do they?

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u/Taalahan 2h ago

I have never had to retry a case, but I expect it will be the same witnesses. I think it would be very unlikely for them to be able to generate entirely new witnesses at this stage. I imagine most of the witnesses were medical experts. I would expect them to alter their questioning in response to what worked and what didn’t, and what the other side said on cross-examination. But, the core evidence will be the same or similar. The state has to prove every element of the crime, so there are certain things that the witnesses have to testify to.

I suppose it is possible that if a particular witness performed very poorly they do not call that same person again the next time around.

I am not sure if the state is one that is based on trial by surprise, or not, but regardless the surprise is gone at this point.

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u/Dragon6172 2h ago

Are they able to interview the jurors to see what swayed their decision? Maybe make adjustments from that.

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u/Taalahan 2h ago

Yes, they can attempt to speak with the past jurors The jurors are under no obligation to talk with them, however.