One juror deadlocks Schlosser verdict
Deadlocked panel seeks to clarify role, reviews husband's testimony
By JENNIFER EMILY / The Dallas Morning News
McKINNEY, Texas — A note to the court in the Dena Schlosser capital murder case indicates that one male juror has sided against the other 11 on the panel and refuses to change his mind.
"I ... have reached a conclusion that cannot be reversed," the jury said in note 17 to the court. The juror, who signed his name but was not identified, said he reached a conclusion at the end of testimony and has not wavered.
Around noon, State District Judge Chris Oldner ordered the jury to continue deliberating with a charge from the court called a "dynamite charge" by those in legal circles.
The defense objected to the order, but the judge overruled it. Defense attorney Bill Schultz said forcing the jury to continue would not result in a just verdict. Mr. Schultz also asked the court to poll the jury to find out where the members stood numerically. The judge denied this as well.
If the jury continues to be deadlocked, Judge Oldner could declare a mistrial. In that case, the state could prosecute again or decline to prosecute. Or under a recent change to Texas law, the state and defense could agree she was insane when she killed Maggie. The outcome would be the same as if the jury declared Ms. Schlosser not guilty by reason of insanity and she would go to a state mental hospital until the judge agrees she should be released.
Note 16 from the court asked the court to read back testimony from the two other psychiatrists who said Ms. Schlosser was insane when she killed Maggie.
Jurors returned to deliberations Saturday morning around 9:30 following sequestering Friday night after failing to reach a verdict in nearly 35 hours of deliberations.
The panel has been in a deadlock since Wednesday, when deliberations began to decide whether Ms. Schlosser is guilty of capital murder in the slaying of her baby.
The panel sent its 15th note to the court Saturday morning, asking for testimony by Collin County jail psychiatrist Xiaoyan Wu to be read to them. They inquired about her diagnosis of Ms. Schlosser.
Dr. Wu was one of three psychiatrists who testified for the defense that Ms. Schlosser was insane when she killed 10-month-old Maggie Schlosser.
The jurors, after spending a night sequestered in a motel, appeared grim and looked tired as they entered the courtroom to hear Judge Oldner read back Dr. Wu's testimony. Many wore jeans, a change from the previous 10 days of court. Although one man still wore a suit. One female juror rubbed her temples as the judge spoke.
The panel sent two more notes to the judge Friday in what appeared to be another attempt to reach a verdict.
Just before 2 p.m. Friday, the jury asked the court for the definition of the word "deliberation" and for clarification on the role of the jury. It was the 13th note sent to the court since deliberations began.
Judge Oldner consulted Black's Law Dictionary 7th Edition to provide the definition and quoted the court's charge already given to the jury to explain its role.
"You are the exclusive judges of the facts proved, of the credibility of the witnesses and to the weight to be given their testimony, but you must be governed by the law you receive in these written instructions," the charge reads.
Lead prosecutor Curtis Howard said he had never had a jury ask those questions.
"That's the first time," he said.
The deadlocked deliberations in the Collin County case are reminiscent of the case of a prominent public official in Louisiana several years ago.
Former Louisiana Gov. Edwin Edwards is serving a federal prison sentence for extortion. After his 2000 trial, Mr. Edwards argued on appeal that his conviction should be overturned because the judge dismissed a juror after deliberations began.
After the jury reached an impasse, the juror was dismissed for ignoring the judge's instructions to discuss evidence with the panel. The jury quickly reached a decision after the dismissal.
James M. Murphy, a Dallas defense lawyer, said the events in Mr. Edwards' federal case could not be applied to Ms. Schlosser's state case.
"The judge has already read the charge to her jury," Mr. Murphy said.
With one exception, Mr. Murphy said, dismissal of a juror at this stage would result in immediate discharge of the entire panel.
In Texas, the only excuse for proceeding with fewer than 12 jurors after the charge of the court is read to the jury is if one of them becomes so sick as to prevent the continuance of his or her duty.
"Even then, the deliberations may continue only if both sides agree to continue with 11," Mr. Murphy said.
Also Friday afternoon, the jury sent its 14th note asking about Ms. Schlosser's husband's testimony, saying, "We need the testimony of John Schlosser when he spoke to Dena regarding the death of the baby."
About 3 p.m., the court read the testimony back to the jury. In it, Mr. Schlosser said he called several times before she picked up, and he said he had never heard his wife speak in the tone she did - flat and emotionless. He also quoted his wife saying, "I cut Maggie's arms off."
Meanwhile, an alternate juror who was dismissed when the panel received the case said that she believes Ms. Schlosser was suffering from a severe mental illness when she cut Maggie Schlosser's arms at the shoulders.
"I think she was insane," said Linda Tucker, one of two alternate jurors dismissed Wednesday by the judge before deliberations began. "But I want to make sure she is not out on the street in a couple years."
The jury of five women and seven men told Judge Oldner on Thursday that they were hopelessly deadlocked, and "no one is going to change their decision," but the judge ordered them to continue deliberating.
Ms. Tucker, of Plano, said she believes the panel would have an easier time finding Ms. Schlosser insane if jurors could mandate that Ms. Schlosser remain in a mental hospital for a certain period of time instead of leaving it up to the judge.
She said she was also confused because the state indicated in closing arguments that Ms. Schlosser showed remorse the day of the killing. But Ms. Tucker said her recollection from testimony was that she didn't show remorse or even realize what she had done until months later.
She said that if she were still on the jury, she would have needed the court to read back several parts of testimony, as the panel has asked several times during its deliberations.
She said she also believes Ms. Schlosser's husband, John, and others involved in his wife's care "failed" Ms. Schlosser.
"Did they fail her? I'd say so," Ms. Tucker said. "Where was her husband?"
Howard Shapiro, Mr. Schlosser's attorney, was at the courthouse Friday for another case. When approached for comment by reporters, Mr. Shapiro said Mr. Schlosser did not block his wife from getting psychiatric care.
"I don't think it has merit," Mr. Shapiro said of accusations during the trial from both prosecutors and the defense that Mr. Schlosser kept his wife from proper medical care while she was suffering from postpartum depression and psychosis. "I don't buy into it."
Mr. Shapiro did say that in retrospect, Mr. Schlosser might have done some things differently given what happened.
Staff writer Bill Lodge contributed to this report.
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Schlosser trial ends in hung jury
By JENNIFER EMILY / The Dallas Morning News
McKINNEY, Texas — The Dena Schlosser capital murder trial ended Saturday with a hung jury.
Collin County jurors — deadlocked since Wednesday — had deliberated more than 40 hours Saturday with one male member of the panel firmly against the other 11, refusing to change his mind.
The Plano mother was accused of killing her 10-month-old daughter in November 2004 by severing the child's arms at the shoulders. She had pleaded not guilty by reason of insanity.
A note to the court in the Dena Schlosser capital murder case indicates that one male juror has sided against the other 11 on the panel and refuses to change his mind.
"I ... have reached a conclusion that cannot be reversed," the jury said in note 17 to the court. The juror, who signed his name but was not identified, said he reached a conclusion at the end of testimony and has not wavered.
Around noon, State District Judge Chris Oldner ordered the jury to continue deliberating with a charge from the court called a "dynamite charge" by those in legal circles.
The defense objected to the order, but the judge overruled it. Defense attorney Bill Schultz said forcing the jury to continue would not result in a just verdict. Mr. Schultz also asked the court to poll the jury to find out where the members stood numerically. The judge denied this as well.
If the jury continues to be deadlocked, Judge Oldner could declare a mistrial. In that case, the state could prosecute again or decline to prosecute. Or under a recent change to Texas law, the state and defense could agree she was insane when she killed Maggie. The outcome would be the same as if the jury declared Ms. Schlosser not guilty by reason of insanity and she would go to a state mental hospital until the judge agrees she should be released.
Note 16 from the court asked the court to read back testimony from the two other psychiatrists who said Ms. Schlosser was insane when she killed Maggie.
Jurors returned to deliberations Saturday morning around 9:30 following sequestering Friday night after failing to reach a verdict in nearly 35 hours of deliberations.
The panel has been in a deadlock since Wednesday, when deliberations began to decide whether Ms. Schlosser is guilty of capital murder in the slaying of her baby.
The panel sent its 15th note to the court Saturday morning, asking for testimony by Collin County jail psychiatrist Xiaoyan Wu to be read to them. They inquired about her diagnosis of Ms. Schlosser.
Dr. Wu was one of three psychiatrists who testified for the defense that Ms. Schlosser was insane when she killed 10-month-old Maggie Schlosser.
The jurors, after spending a night sequestered in a motel, appeared grim and looked tired as they entered the courtroom to hear Judge Oldner read back Dr. Wu's testimony. Many wore jeans, a change from the previous 10 days of court. Although one man still wore a suit. One female juror rubbed her temples as the judge spoke.
The panel sent two more notes to the judge Friday in what appeared to be another attempt to reach a verdict.
Just before 2 p.m. Friday, the jury asked the court for the definition of the word "deliberation" and for clarification on the role of the jury. It was the 13th note sent to the court since deliberations began.
Judge Oldner consulted Black's Law Dictionary 7th Edition to provide the definition and quoted the court's charge already given to the jury to explain its role.
"You are the exclusive judges of the facts proved, of the credibility of the witnesses and to the weight to be given their testimony, but you must be governed by the law you receive in these written instructions," the charge reads.
Lead prosecutor Curtis Howard said he had never had a jury ask those questions.
"That's the first time," he said.
The deadlocked deliberations in the Collin County case are reminiscent of the case of a prominent public official in Louisiana several years ago.
Former Louisiana Gov. Edwin Edwards is serving a federal prison sentence for extortion. After his 2000 trial, Mr. Edwards argued on appeal that his conviction should be overturned because the judge dismissed a juror after deliberations began.
After the jury reached an impasse, the juror was dismissed for ignoring the judge's instructions to discuss evidence with the panel. The jury quickly reached a decision after the dismissal.
James M. Murphy, a Dallas defense lawyer, said the events in Mr. Edwards' federal case could not be applied to Ms. Schlosser's state case.
"The judge has already read the charge to her jury," Mr. Murphy said.
With one exception, Mr. Murphy said, dismissal of a juror at this stage would result in immediate discharge of the entire panel.
In Texas, the only excuse for proceeding with fewer than 12 jurors after the charge of the court is read to the jury is if one of them becomes so sick as to prevent the continuance of his or her duty.
"Even then, the deliberations may continue only if both sides agree to continue with 11," Mr. Murphy said.
Also Friday afternoon, the jury sent its 14th note asking about Ms. Schlosser's husband's testimony, saying, "We need the testimony of John Schlosser when he spoke to Dena regarding the death of the baby."
About 3 p.m., the court read the testimony back to the jury. In it, Mr. Schlosser said he called several times before she picked up, and he said he had never heard his wife speak in the tone she did - flat and emotionless. He also quoted his wife saying, "I cut Maggie's arms off."
Meanwhile, an alternate juror who was dismissed when the panel received the case said that she believes Ms. Schlosser was suffering from a severe mental illness when she cut Maggie Schlosser's arms at the shoulders.
"I think she was insane," said Linda Tucker, one of two alternate jurors dismissed Wednesday by the judge before deliberations began. "But I want to make sure she is not out on the street in a couple years."
The jury of five women and seven men told Judge Oldner on Thursday that they were hopelessly deadlocked, and "no one is going to change their decision," but the judge ordered them to continue deliberating.
Ms. Tucker, of Plano, said she believes the panel would have an easier time finding Ms. Schlosser insane if jurors could mandate that Ms. Schlosser remain in a mental hospital for a certain period of time instead of leaving it up to the judge.
She said she was also confused because the state indicated in closing arguments that Ms. Schlosser showed remorse the day of the killing. But Ms. Tucker said her recollection from testimony was that she didn't show remorse or even realize what she had done until months later.
She said that if she were still on the jury, she would have needed the court to read back several parts of testimony, as the panel has asked several times during its deliberations.
She said she also believes Ms. Schlosser's husband, John, and others involved in his wife's care "failed" Ms. Schlosser.
"Did they fail her? I'd say so," Ms. Tucker said. "Where was her husband?"
Howard Shapiro, Mr. Schlosser's attorney, was at the courthouse Friday for another case. When approached for comment by reporters, Mr. Shapiro said Mr. Schlosser did not block his wife from getting psychiatric care.
"I don't think it has merit," Mr. Shapiro said of accusations during the trial from both prosecutors and the defense that Mr. Schlosser kept his wife from proper medical care while she was suffering from postpartum depression and psychosis. "I don't buy into it."
Mr. Shapiro did say that in retrospect, Mr. Schlosser might have done some things differently given what happened.
Staff writer Bill Lodge contributed to this report.
By JENNIFER EMILY / The Dallas Morning News
McKINNEY, Texas — The Dena Schlosser capital murder trial ended Saturday with a hung jury.
Collin County jurors — deadlocked since Wednesday — had deliberated more than 40 hours Saturday with one male member of the panel firmly against the other 11, refusing to change his mind.
The Plano mother was accused of killing her 10-month-old daughter in November 2004 by severing the child's arms at the shoulders. She had pleaded not guilty by reason of insanity.
A note to the court in the Dena Schlosser capital murder case indicates that one male juror has sided against the other 11 on the panel and refuses to change his mind.
"I ... have reached a conclusion that cannot be reversed," the jury said in note 17 to the court. The juror, who signed his name but was not identified, said he reached a conclusion at the end of testimony and has not wavered.
Around noon, State District Judge Chris Oldner ordered the jury to continue deliberating with a charge from the court called a "dynamite charge" by those in legal circles.
The defense objected to the order, but the judge overruled it. Defense attorney Bill Schultz said forcing the jury to continue would not result in a just verdict. Mr. Schultz also asked the court to poll the jury to find out where the members stood numerically. The judge denied this as well.
If the jury continues to be deadlocked, Judge Oldner could declare a mistrial. In that case, the state could prosecute again or decline to prosecute. Or under a recent change to Texas law, the state and defense could agree she was insane when she killed Maggie. The outcome would be the same as if the jury declared Ms. Schlosser not guilty by reason of insanity and she would go to a state mental hospital until the judge agrees she should be released.
Note 16 from the court asked the court to read back testimony from the two other psychiatrists who said Ms. Schlosser was insane when she killed Maggie.
Jurors returned to deliberations Saturday morning around 9:30 following sequestering Friday night after failing to reach a verdict in nearly 35 hours of deliberations.
The panel has been in a deadlock since Wednesday, when deliberations began to decide whether Ms. Schlosser is guilty of capital murder in the slaying of her baby.
The panel sent its 15th note to the court Saturday morning, asking for testimony by Collin County jail psychiatrist Xiaoyan Wu to be read to them. They inquired about her diagnosis of Ms. Schlosser.
Dr. Wu was one of three psychiatrists who testified for the defense that Ms. Schlosser was insane when she killed 10-month-old Maggie Schlosser.
The jurors, after spending a night sequestered in a motel, appeared grim and looked tired as they entered the courtroom to hear Judge Oldner read back Dr. Wu's testimony. Many wore jeans, a change from the previous 10 days of court. Although one man still wore a suit. One female juror rubbed her temples as the judge spoke.
The panel sent two more notes to the judge Friday in what appeared to be another attempt to reach a verdict.
Just before 2 p.m. Friday, the jury asked the court for the definition of the word "deliberation" and for clarification on the role of the jury. It was the 13th note sent to the court since deliberations began.
Judge Oldner consulted Black's Law Dictionary 7th Edition to provide the definition and quoted the court's charge already given to the jury to explain its role.
"You are the exclusive judges of the facts proved, of the credibility of the witnesses and to the weight to be given their testimony, but you must be governed by the law you receive in these written instructions," the charge reads.
Lead prosecutor Curtis Howard said he had never had a jury ask those questions.
"That's the first time," he said.
The deadlocked deliberations in the Collin County case are reminiscent of the case of a prominent public official in Louisiana several years ago.
Former Louisiana Gov. Edwin Edwards is serving a federal prison sentence for extortion. After his 2000 trial, Mr. Edwards argued on appeal that his conviction should be overturned because the judge dismissed a juror after deliberations began.
After the jury reached an impasse, the juror was dismissed for ignoring the judge's instructions to discuss evidence with the panel. The jury quickly reached a decision after the dismissal.
James M. Murphy, a Dallas defense lawyer, said the events in Mr. Edwards' federal case could not be applied to Ms. Schlosser's state case.
"The judge has already read the charge to her jury," Mr. Murphy said.
With one exception, Mr. Murphy said, dismissal of a juror at this stage would result in immediate discharge of the entire panel.
In Texas, the only excuse for proceeding with fewer than 12 jurors after the charge of the court is read to the jury is if one of them becomes so sick as to prevent the continuance of his or her duty.
"Even then, the deliberations may continue only if both sides agree to continue with 11," Mr. Murphy said.
Also Friday afternoon, the jury sent its 14th note asking about Ms. Schlosser's husband's testimony, saying, "We need the testimony of John Schlosser when he spoke to Dena regarding the death of the baby."
About 3 p.m., the court read the testimony back to the jury. In it, Mr. Schlosser said he called several times before she picked up, and he said he had never heard his wife speak in the tone she did - flat and emotionless. He also quoted his wife saying, "I cut Maggie's arms off."
Meanwhile, an alternate juror who was dismissed when the panel received the case said that she believes Ms. Schlosser was suffering from a severe mental illness when she cut Maggie Schlosser's arms at the shoulders.
"I think she was insane," said Linda Tucker, one of two alternate jurors dismissed Wednesday by the judge before deliberations began. "But I want to make sure she is not out on the street in a couple years."
The jury of five women and seven men told Judge Oldner on Thursday that they were hopelessly deadlocked, and "no one is going to change their decision," but the judge ordered them to continue deliberating.
Ms. Tucker, of Plano, said she believes the panel would have an easier time finding Ms. Schlosser insane if jurors could mandate that Ms. Schlosser remain in a mental hospital for a certain period of time instead of leaving it up to the judge.
She said she was also confused because the state indicated in closing arguments that Ms. Schlosser showed remorse the day of the killing. But Ms. Tucker said her recollection from testimony was that she didn't show remorse or even realize what she had done until months later.
She said that if she were still on the jury, she would have needed the court to read back several parts of testimony, as the panel has asked several times during its deliberations.
She said she also believes Ms. Schlosser's husband, John, and others involved in his wife's care "failed" Ms. Schlosser.
"Did they fail her? I'd say so," Ms. Tucker said. "Where was her husband?"
Howard Shapiro, Mr. Schlosser's attorney, was at the courthouse Friday for another case. When approached for comment by reporters, Mr. Shapiro said Mr. Schlosser did not block his wife from getting psychiatric care.
"I don't think it has merit," Mr. Shapiro said of accusations during the trial from both prosecutors and the defense that Mr. Schlosser kept his wife from proper medical care while she was suffering from postpartum depression and psychosis. "I don't buy into it."
Mr. Shapiro did say that in retrospect, Mr. Schlosser might have done some things differently given what happened.
Staff writer Bill Lodge contributed to this report.
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Plano mom's trial is ended
Mistrial declared after 1 juror says he won't change mind on guilt
By JENNIFER EMILY / The Dallas Morning News
McKINNEY, Texas – Dena Schlosser's capital murder trial ended in a hung jury Saturday, with one juror firmly against 10 others who had concluded she was not guilty by reason of insanity and one panelist who would not decide.
State District Judge Chris Oldner declared the mistrial about 5:45 p.m., after jurors said for the third time that they were hopelessly deadlocked. Jurors said the man who voted guilty refused to participate in deliberations.
They deliberated more than 40 hours over four days to decide whether Ms. Schlosser was guilty of killing her 10-month-old daughter, Maggie Schlosser. Ms. Schlosser's defense said that she was not guilty because she did not know right from wrong at the time she cut off her daughter's arms with a kitchen knife.
After the jury left the courtroom following 11 days in court, Ms. Schlosser told her attorneys "thank you" as she shrugged and then hugged David Haynes and Bill Schultz.
Lead prosecutor Curtis Howard nodded at Ms. Schlosser as she left. He said later that he could not comment about whether the case would be tried again. Ms. Schlosser was returned to the Collin County jail.
Bob Nicholas, who married Ms. Schlosser's mother when Ms. Schlosser was 7 and divorced her when Ms. Schlosser was in college, cried quietly in a corner after the mistrial was announced. He had hoped the woman who still calls him daddy would go to a mental hospital after the jury found her insane.
"After a long 15 months, losing Maggie, Dena's two older daughters having lost their nurturing mother, there just remains this open, empty feeling ..." he trailed off, saying he couldn't continue, as he sat on a blue padded bench alone outside the courtroom.
Five jurors – two men and three women – stopped outside the courtroom to apologize to Mr. Nicholas for not reaching a decision. Several seemed near tears.
"We are so sorry," the jury forewoman told him, shaking his hand. "We tried our best."
"I know you did," Mr. Nicholas said.
The other jurors, carrying suitcases after being sequestered Friday, shook his hand and seemed to want to say more.
Steve Penn, a juror from Plano who voted for insanity, said the holdout's "mind was partially made up before we started deliberating."
He said the jury room was emotional with both "heated debate and polite discourse."
"We could not convince him to go through the process in a rational way," he said. "There was a lot of evidence that just tore at your heart."
Mr. Schultz said the defense fought an uphill battle.
"It's such an enormous crime that we're fighting. It's asking a lot of somebody to excuse the actions on mental grounds," Mr. Schultz said. "We tried hard to break down those feelings with all 12. We will come back fighting again."
Both prosecutors and the defense said they had no quarrel with the jury.
"They're broken up about it," Mr. Haynes said. "They worked as hard as they could."
He added that Ms. Schlosser would again plead not guilty by reason of insanity if the state retries her. Shortly after lunch Saturday, the jury sent its 17th note to the court saying one juror disagreed with the rest of the panel and that further negotiations were futile. The panel also told the judge Thursday that they were at an impasse.
"I ... have reached a conclusion that cannot be reversed," the holdout said in the note to the court. The juror, who signed his name but was not identified, said he made up his mind on the first day and would not waver.
Jurors scowled Saturday as Judge Oldner told them he did not want to declare a mistrial and ordered deliberations to continue. One woman rubbed her temples. The judge gave the jury what is referred to in legal circles as a "dynamite charge," a move intended to propel deliberations to continue despite a stalemate.
In the 18th note – sent just before the mistrial was declared – jurors said they reviewed the evidence and would never reach a verdict.
Barry Sorrels, a local defense lawyer, said the number of notes and some of their content was unusual. Jurors asked Friday for the court to define "deliberations" and the role of the jury. Those questions may have been an attempt to force the holdout to participate. Mr. Sorrels, who has successfully used the insanity defense in a Collin County court, said the notes were probably directed toward the only juror who wanted a guilty verdict.
Mr. Sorrels also said the holdout juror possibly has an oppositional personality or is morally opposed to sending a person to a mental hospital with the possibility that they could be back on the street someday.
"If she's so obviously legally insane, he's decided he's not going to follow the law," he said. "Although I'm sure he promised to when they picked the jury."
Jurors looked grim each time they entered the courtroom after being sequestered Friday night. One man sat with his chin resting on his right fist, his lips pursed. Another nodded. A woman who typically smiled when she entered the courtroom frequently frowned and sat back in her chair with her arms crossed. Many wore jeans, a change from the previous 10 days in court.
The attorneys, the jury and Ms. Schlosser appeared increasingly haggard as deliberations dragged on. Ms. Schlosser looked as if she had not slept much. Her hair was askew, her face puffy and weary.
Three psychiatrists testified for the defense that Ms. Schlosser was insane when Maggie died in November 2004. The prosecution did not call any psychiatrists who had examined Ms. Schlosser. She told her psychiatrists that she believed God ordered her to cut off the baby's arms, as well as her own arms, legs and head after seeing a television report of a lion maiming or killing a boy.
Ten jurors were swayed by extensive testimony from the psychiatrists who said Ms. Schlosser's severe mental disease caused her not to know her actions were wrong.
Doctors told Ms. Schlosser she was suffering from postpartum psychosis and depression after a psychotic break from reality in the days following Maggie's home birth in January 2004. She cycled on and off the antipsychotic drug Haldol for several months.
Forensic psychiatrist William H. Reid testified during the trial that Ms. Schlosser's husband, John Schlosser, and the family's church prevented her from getting proper psychiatric care when she needed it and when she wanted it. The family's minister, Doyle Davidson, a self-appointed apostle and prophet, testified he believes demons cause mental illness and preaches that medicine is not necessary for those who believe enough.
The defense and the state do not disagree that Ms. Schlosser killed her daughter – only about her state of mind at the time. The defense argued Ms. Schlosser's profound psychosis caused her not to know right from wrong when she killed the baby in her crib.
Prosecutors contended that Ms. Schlosser knew her actions were wrong because she was able to tell her husband she hurt the baby and admit she cut off Maggie's arms.
The burden was on the defense to show by a preponderance of the evidence that it was more likely than not that Ms. Schlosser did not know right from wrong because of a mental disease when she killed Maggie. This is a lesser standard than beyond a reasonable doubt.
Staff writers Herb Booth and LaKisha Ladson contributed to this report.
-------------------------------------------------------------------------------------
WHAT'S NEXT?
Prosecutors must decide whether to try her again, or both sides could agree she was insane when she killed Maggie. At that point she would be sent to a state mental hospital. Judge Oldner would decide when or whether to release her.
Mistrial declared after 1 juror says he won't change mind on guilt
By JENNIFER EMILY / The Dallas Morning News
McKINNEY, Texas – Dena Schlosser's capital murder trial ended in a hung jury Saturday, with one juror firmly against 10 others who had concluded she was not guilty by reason of insanity and one panelist who would not decide.
State District Judge Chris Oldner declared the mistrial about 5:45 p.m., after jurors said for the third time that they were hopelessly deadlocked. Jurors said the man who voted guilty refused to participate in deliberations.
They deliberated more than 40 hours over four days to decide whether Ms. Schlosser was guilty of killing her 10-month-old daughter, Maggie Schlosser. Ms. Schlosser's defense said that she was not guilty because she did not know right from wrong at the time she cut off her daughter's arms with a kitchen knife.
After the jury left the courtroom following 11 days in court, Ms. Schlosser told her attorneys "thank you" as she shrugged and then hugged David Haynes and Bill Schultz.
Lead prosecutor Curtis Howard nodded at Ms. Schlosser as she left. He said later that he could not comment about whether the case would be tried again. Ms. Schlosser was returned to the Collin County jail.
Bob Nicholas, who married Ms. Schlosser's mother when Ms. Schlosser was 7 and divorced her when Ms. Schlosser was in college, cried quietly in a corner after the mistrial was announced. He had hoped the woman who still calls him daddy would go to a mental hospital after the jury found her insane.
"After a long 15 months, losing Maggie, Dena's two older daughters having lost their nurturing mother, there just remains this open, empty feeling ..." he trailed off, saying he couldn't continue, as he sat on a blue padded bench alone outside the courtroom.
Five jurors – two men and three women – stopped outside the courtroom to apologize to Mr. Nicholas for not reaching a decision. Several seemed near tears.
"We are so sorry," the jury forewoman told him, shaking his hand. "We tried our best."
"I know you did," Mr. Nicholas said.
The other jurors, carrying suitcases after being sequestered Friday, shook his hand and seemed to want to say more.
Steve Penn, a juror from Plano who voted for insanity, said the holdout's "mind was partially made up before we started deliberating."
He said the jury room was emotional with both "heated debate and polite discourse."
"We could not convince him to go through the process in a rational way," he said. "There was a lot of evidence that just tore at your heart."
Mr. Schultz said the defense fought an uphill battle.
"It's such an enormous crime that we're fighting. It's asking a lot of somebody to excuse the actions on mental grounds," Mr. Schultz said. "We tried hard to break down those feelings with all 12. We will come back fighting again."
Both prosecutors and the defense said they had no quarrel with the jury.
"They're broken up about it," Mr. Haynes said. "They worked as hard as they could."
He added that Ms. Schlosser would again plead not guilty by reason of insanity if the state retries her. Shortly after lunch Saturday, the jury sent its 17th note to the court saying one juror disagreed with the rest of the panel and that further negotiations were futile. The panel also told the judge Thursday that they were at an impasse.
"I ... have reached a conclusion that cannot be reversed," the holdout said in the note to the court. The juror, who signed his name but was not identified, said he made up his mind on the first day and would not waver.
Jurors scowled Saturday as Judge Oldner told them he did not want to declare a mistrial and ordered deliberations to continue. One woman rubbed her temples. The judge gave the jury what is referred to in legal circles as a "dynamite charge," a move intended to propel deliberations to continue despite a stalemate.
In the 18th note – sent just before the mistrial was declared – jurors said they reviewed the evidence and would never reach a verdict.
Barry Sorrels, a local defense lawyer, said the number of notes and some of their content was unusual. Jurors asked Friday for the court to define "deliberations" and the role of the jury. Those questions may have been an attempt to force the holdout to participate. Mr. Sorrels, who has successfully used the insanity defense in a Collin County court, said the notes were probably directed toward the only juror who wanted a guilty verdict.
Mr. Sorrels also said the holdout juror possibly has an oppositional personality or is morally opposed to sending a person to a mental hospital with the possibility that they could be back on the street someday.
"If she's so obviously legally insane, he's decided he's not going to follow the law," he said. "Although I'm sure he promised to when they picked the jury."
Jurors looked grim each time they entered the courtroom after being sequestered Friday night. One man sat with his chin resting on his right fist, his lips pursed. Another nodded. A woman who typically smiled when she entered the courtroom frequently frowned and sat back in her chair with her arms crossed. Many wore jeans, a change from the previous 10 days in court.
The attorneys, the jury and Ms. Schlosser appeared increasingly haggard as deliberations dragged on. Ms. Schlosser looked as if she had not slept much. Her hair was askew, her face puffy and weary.
Three psychiatrists testified for the defense that Ms. Schlosser was insane when Maggie died in November 2004. The prosecution did not call any psychiatrists who had examined Ms. Schlosser. She told her psychiatrists that she believed God ordered her to cut off the baby's arms, as well as her own arms, legs and head after seeing a television report of a lion maiming or killing a boy.
Ten jurors were swayed by extensive testimony from the psychiatrists who said Ms. Schlosser's severe mental disease caused her not to know her actions were wrong.
Doctors told Ms. Schlosser she was suffering from postpartum psychosis and depression after a psychotic break from reality in the days following Maggie's home birth in January 2004. She cycled on and off the antipsychotic drug Haldol for several months.
Forensic psychiatrist William H. Reid testified during the trial that Ms. Schlosser's husband, John Schlosser, and the family's church prevented her from getting proper psychiatric care when she needed it and when she wanted it. The family's minister, Doyle Davidson, a self-appointed apostle and prophet, testified he believes demons cause mental illness and preaches that medicine is not necessary for those who believe enough.
The defense and the state do not disagree that Ms. Schlosser killed her daughter – only about her state of mind at the time. The defense argued Ms. Schlosser's profound psychosis caused her not to know right from wrong when she killed the baby in her crib.
Prosecutors contended that Ms. Schlosser knew her actions were wrong because she was able to tell her husband she hurt the baby and admit she cut off Maggie's arms.
The burden was on the defense to show by a preponderance of the evidence that it was more likely than not that Ms. Schlosser did not know right from wrong because of a mental disease when she killed Maggie. This is a lesser standard than beyond a reasonable doubt.
Staff writers Herb Booth and LaKisha Ladson contributed to this report.
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WHAT'S NEXT?
Prosecutors must decide whether to try her again, or both sides could agree she was insane when she killed Maggie. At that point she would be sent to a state mental hospital. Judge Oldner would decide when or whether to release her.
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TexasStooge
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Jurors: 1 man firm on guilt
3 say holdout told panel he wouldn't consider insanity for Schlosser
By JENNIFER EMILY / The Dallas Morning News
MCKINNEY, Texas - The one person who voted guilty in the Dena Schlosser capital murder case told other panelists he would never consider her insanity defense in the death of her 10-month-old daughter, three jurors said.
Ms. Schlosser's trial ended in a mistrial Saturday because jurors could not reach a unanimous decision after more than 40 hours of deliberations over four days. Ten panelists voted for not guilty by reason of insanity, one voted guilty and another could not make up her mind.
Three jurors described a journey that went from polite conversation at times to yelling and crying. At one point, the court gathered jurors' cellphones after complaints that the holdout wrote text messages during deliberations. At the outset, jurors were split 6-5-1 in favor of insanity before settling into the final split on the second day of deliberations.
To try to break their stalemate, jurors drew on easels and a whiteboard equations, graphs and charts documenting Ms. Schlosser's mental illness. They even came up with a theory comparing mental illness to the trajectory of a cannon ball.
"He told us from the beginning, he ... walked into the courtroom and his mind was already made," said juror Hani Jacob, 57. "He made an oath, but he wasn't really serious about it."
Legal experts say that if the holdout was asking questions, then he was participating in the process. Panelists said the 51-year-old juror asked them question after question during deliberations.
The holdout juror did not return phone calls seeking comment and did not answer the door at his Plano home Monday afternoon, though he had just gone inside. Fellow jurors and a neighbor could not provide definitive personal information about him or his occupation.
Panelist Debbie Keen, 30, said the holdout juror questioned whether Ms. Schlosser's serious shoulder wound was inflicted by police. She said he also questioned whether her church told Ms. Schlosser to kill daughter Maggie and she did even though she knew it was wrong.
Despite other panelists telling him – and sometimes yelling – that there was no evidence to support those scenarios, the holdout stuck to his position, jurors said. One juror's sarcastic response was to ask whether he thought aliens made her do it.
The holdout juror said he thought Ms. Schlosser believed killing Maggie was right, Ms. Keen said. But in the end, he told his fellow panelists that he could not vote for insanity unless he was absolutely sure. Several times in testimony, psychiatrists mentioned there was not a blood test to determine mental illness.
"He said he had a problem with the insanity defense," Ms. Keen said. "He told us he would not vote not guilty by reason of insanity unless he had 100 percent [certainty], unless someone could give that blood test."
Indiana University law professor J. Alexander Tanford said courts are typically distrustful of juror misconduct allegations after a trial ends. Jurors, he said, may think those who didn't change their minds did not follow the law.
The state and the defense do not disagree that Ms. Schlosser killed Maggie – only about her state of mind at the time. Ms. Schlosser has a history of postpartum psychosis and has said she believed God ordered her to cut off her daughter's arms at the shoulders. The case hinged on whether Ms. Schlosser, 37, knew right from wrong when she killed the girl.
Collin County District Attorney John Roach said no decision has been made about whether to try Ms. Schlosser again. Defense attorney David Haynes said a new trial date is expected to be announced Wednesday. Mr. Haynes said the defense was working at "flat-out, tip-top speed" to prepare for a second trial.
Neither the prosecution nor defense would discuss the case further.
Another trial?
Two jurors said Monday that they do not think the case should be tried again. They said the state should agree with the defense that Ms. Schlosser was insane and send her to a mental hospital. An alternate juror, Linda Tucker of Plano, who was dismissed before deliberations began, also said Ms. Schlosser was insane.
Jurors wondered whether the prosecution thought Ms. Schlosser was insane, too, Ms. Keen said. She said many who ended up siding with the defense wanted a reason to vote guilty.
"There were questions in our mind whether they were just going through the motions," Ms. Keen said. "The prosecution only gave us straws to grasp on to."
Mr. Jacob said he, too, wanted more from the prosecution. He said he was disappointed when the prosecution rested without offering anything to counter the defense's assertion that Ms. Schlosser was psychotic when Maggie died.
"That's all you have to show me? A knife and the pictures?" Mr. Jacob said he thought when the state rested its case. "It should not have been tried the first time. There was no evidence."
The first vote when deliberations began Wednesday was six for insanity, five for guilty, one undecided, said Mr. Jacob, an educator who became a U.S. citizen after moving from Egypt in 1984. By the second day, it was nine to three in favor of insanity.
Jurors listened to the 911 recording again, watched a police interview of a family friend twice and sorted through all the medical records.
When jurors sent state District Judge Chris Oldner a note Thursday saying they were deadlocked – the first of three times – the vote was 10-2.
Cellphones confiscated
Officially, the vote never wavered after that point, but one juror said the woman who was undecided switched to not guilty by reason of insanity in the end. Her identity was unclear.
Ms. Keen and Mr. Jacob said Judge Oldner confiscated jurors' cellphones Friday after the panel wrote a note of complaint about the holdout juror.
"He was texting during deliberations," Mr. Jacob said. "He was falling asleep, closing his eyes, shutting down."
Mr. Tanford, the law professor, said it was unusual for cellphones to be allowed during jury deliberations, but the judge must have been satisfied the jury wasn't compromised because the juror was not removed.
Collin County has no cellphone policy, leaving the matter up to each judge. It was unclear whether Judge Oldner has a policy on cellphones, but jurors are not allowed to have contact with other people during deliberations.
The stigma of voting for insanity was such that jurors referred to the possibilities as one, two or three. One was a guilty vote. Two was not guilty. Three was not guilty by reason of insanity. No one was a two.
"Are you a one or a three?" Ms. Keen recalled jurors asking each one another. "Will you switch to a three?"
All votes were taken aloud. Ms. Keen said she wonders whether the panel would have reached a verdict if votes had been written down.
3 say holdout told panel he wouldn't consider insanity for Schlosser
By JENNIFER EMILY / The Dallas Morning News
MCKINNEY, Texas - The one person who voted guilty in the Dena Schlosser capital murder case told other panelists he would never consider her insanity defense in the death of her 10-month-old daughter, three jurors said.
Ms. Schlosser's trial ended in a mistrial Saturday because jurors could not reach a unanimous decision after more than 40 hours of deliberations over four days. Ten panelists voted for not guilty by reason of insanity, one voted guilty and another could not make up her mind.
Three jurors described a journey that went from polite conversation at times to yelling and crying. At one point, the court gathered jurors' cellphones after complaints that the holdout wrote text messages during deliberations. At the outset, jurors were split 6-5-1 in favor of insanity before settling into the final split on the second day of deliberations.
To try to break their stalemate, jurors drew on easels and a whiteboard equations, graphs and charts documenting Ms. Schlosser's mental illness. They even came up with a theory comparing mental illness to the trajectory of a cannon ball.
"He told us from the beginning, he ... walked into the courtroom and his mind was already made," said juror Hani Jacob, 57. "He made an oath, but he wasn't really serious about it."
Legal experts say that if the holdout was asking questions, then he was participating in the process. Panelists said the 51-year-old juror asked them question after question during deliberations.
The holdout juror did not return phone calls seeking comment and did not answer the door at his Plano home Monday afternoon, though he had just gone inside. Fellow jurors and a neighbor could not provide definitive personal information about him or his occupation.
Panelist Debbie Keen, 30, said the holdout juror questioned whether Ms. Schlosser's serious shoulder wound was inflicted by police. She said he also questioned whether her church told Ms. Schlosser to kill daughter Maggie and she did even though she knew it was wrong.
Despite other panelists telling him – and sometimes yelling – that there was no evidence to support those scenarios, the holdout stuck to his position, jurors said. One juror's sarcastic response was to ask whether he thought aliens made her do it.
The holdout juror said he thought Ms. Schlosser believed killing Maggie was right, Ms. Keen said. But in the end, he told his fellow panelists that he could not vote for insanity unless he was absolutely sure. Several times in testimony, psychiatrists mentioned there was not a blood test to determine mental illness.
"He said he had a problem with the insanity defense," Ms. Keen said. "He told us he would not vote not guilty by reason of insanity unless he had 100 percent [certainty], unless someone could give that blood test."
Indiana University law professor J. Alexander Tanford said courts are typically distrustful of juror misconduct allegations after a trial ends. Jurors, he said, may think those who didn't change their minds did not follow the law.
The state and the defense do not disagree that Ms. Schlosser killed Maggie – only about her state of mind at the time. Ms. Schlosser has a history of postpartum psychosis and has said she believed God ordered her to cut off her daughter's arms at the shoulders. The case hinged on whether Ms. Schlosser, 37, knew right from wrong when she killed the girl.
Collin County District Attorney John Roach said no decision has been made about whether to try Ms. Schlosser again. Defense attorney David Haynes said a new trial date is expected to be announced Wednesday. Mr. Haynes said the defense was working at "flat-out, tip-top speed" to prepare for a second trial.
Neither the prosecution nor defense would discuss the case further.
Another trial?
Two jurors said Monday that they do not think the case should be tried again. They said the state should agree with the defense that Ms. Schlosser was insane and send her to a mental hospital. An alternate juror, Linda Tucker of Plano, who was dismissed before deliberations began, also said Ms. Schlosser was insane.
Jurors wondered whether the prosecution thought Ms. Schlosser was insane, too, Ms. Keen said. She said many who ended up siding with the defense wanted a reason to vote guilty.
"There were questions in our mind whether they were just going through the motions," Ms. Keen said. "The prosecution only gave us straws to grasp on to."
Mr. Jacob said he, too, wanted more from the prosecution. He said he was disappointed when the prosecution rested without offering anything to counter the defense's assertion that Ms. Schlosser was psychotic when Maggie died.
"That's all you have to show me? A knife and the pictures?" Mr. Jacob said he thought when the state rested its case. "It should not have been tried the first time. There was no evidence."
The first vote when deliberations began Wednesday was six for insanity, five for guilty, one undecided, said Mr. Jacob, an educator who became a U.S. citizen after moving from Egypt in 1984. By the second day, it was nine to three in favor of insanity.
Jurors listened to the 911 recording again, watched a police interview of a family friend twice and sorted through all the medical records.
When jurors sent state District Judge Chris Oldner a note Thursday saying they were deadlocked – the first of three times – the vote was 10-2.
Cellphones confiscated
Officially, the vote never wavered after that point, but one juror said the woman who was undecided switched to not guilty by reason of insanity in the end. Her identity was unclear.
Ms. Keen and Mr. Jacob said Judge Oldner confiscated jurors' cellphones Friday after the panel wrote a note of complaint about the holdout juror.
"He was texting during deliberations," Mr. Jacob said. "He was falling asleep, closing his eyes, shutting down."
Mr. Tanford, the law professor, said it was unusual for cellphones to be allowed during jury deliberations, but the judge must have been satisfied the jury wasn't compromised because the juror was not removed.
Collin County has no cellphone policy, leaving the matter up to each judge. It was unclear whether Judge Oldner has a policy on cellphones, but jurors are not allowed to have contact with other people during deliberations.
The stigma of voting for insanity was such that jurors referred to the possibilities as one, two or three. One was a guilty vote. Two was not guilty. Three was not guilty by reason of insanity. No one was a two.
"Are you a one or a three?" Ms. Keen recalled jurors asking each one another. "Will you switch to a three?"
All votes were taken aloud. Ms. Keen said she wonders whether the panel would have reached a verdict if votes had been written down.
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