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tv   9 News Now Tonight  CBS  November 2, 2011 7:00pm-7:30pm EDT

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or second-degree murder. let's go out to ken as we wait for the verdict. ken. >> reporter: derek, all of these developments took place literally less than ten minutes ago. i was inside the courtroom when we saw the jurors being brought back into the courtroom as well as sheriff officials. the official word out here is that a verdict is in fact in. what exactly that verdict is, that's what we are waiting to find out. right now, i want to bring you into this conversation. our legal analyst who has been talking to us. the jury took about an hour for this deliberation. that's quick. >> stunning. stunning. when you get a jury this quickly, it will be a first- degree murder conviction. i have very, very little doubt. most jurors are going to go back, especially having heard this many days of testimony. they are going to go back, get situated and they are instructed wait to deliberate. this jury knew exactly what happened and the testimony that came out this morning from the
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medical examiner that jayna murray was alive for 331 blows. guilty. first-degree murder. >> let me interrupt you right now. folks, for you watching live. she is in fact guilty. right, exactly what you were saying. you had no doubt she would be found guilty of first-degree murder, what do you think? >> one hour is an unbelievably fast verdict. and when you have 12 people who are able to come to a decision this quickly, it speaks for itself. >> and the overwelming evidence also. as you were mentioning, just the graphic nature of it surely had something to do with this deliberation coming back so quickly and finding her guilty. >> just a few hours ago, this jury saw nine photographs, autopsy pictures, which got me. i have been doing this 20 year. i have never seen pictures that horrific. on the heels of those pictures,
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nothing was going to sway this injury anything shy of first- degree. >> aside from the graphic evidence that we have been reporting, what else stood out about this trial to you? >> when the medical examiner and this was very new detail that came out fresh today. when she told all of us that jayna murray was alive for 331 blows and then when john mccarthy just captured visually for us what happened with one of the instruments, the rope. how jayna murray absolutely struggled with that rope. because it is the nature of strangulation that you are going to have it be long and painful. it was the most vivid, dramatic testimony that you can imagine. no novel. and this jury, i think they went back there. they didn't even order dinner. they went back and understood exactly what happened in this case and they said no, we believe brittany norwood is a
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cold-blooded, first-degree murder. no second degree for her. >> that is the ruling out of the courtroom. just really a couple of seconds ago. okay folks, and andrea mccarren is inside the courtroom right now. both families are inside as well. we will of course keep a close eye on this and derek, we're going to continue to monitor all of these details as they are happening. >> ken, if you could ask your legal expert, what is the difference between premeditated murder and the second-degree murder. >> the difference between first degree and second degree murder and then the difference in the penalty now that she could face. >> and that is life without parole versus 30 years and she would have been eligible with the second-degree murder, the maximum statutory penalty is a mere 30 years. she would have been eligible for patrol in 15. it was an extreme important verdict for the prosecution and for the family of jayna murray. >> i think a lot of people
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agree that they expected this to come back so soon. because you saw that the judge didn't dismiss people for the day. like how he has during the past couple days here. everyone stayed. so that was probably one of the first signs that this verdict was going to come back. >> judge greenberg has done a great job. he had everyone on time. he had everyone scheduled. he had everyone be on time. what they were doing, it's like a baseball game. it ends when it ends and he wanted to make sure that justice was done as quickly as possible. whatever the verdict would be. >> the mood in there, what would you describe that as? just seeing the parents. see some of this evidence, and relive this all over again. >> it is unbelievable. i sat for a great part of this trial right in front of the murray family. i was in front of them.
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when those autopsy -- you could hear the sobbing. it was heartbreaking and when the prosecution did their closing argument and demonstrated for us and brought alive exactly what jayna murray had gone through and that's exactly what mr. mccarthy was able to do. he showed step by step exactly what happened. it was quiet in the courtroom. i tell you, these are not common offenses to have somebody who would be this rageful and then to look at her across the courtroom and see her face. it's a stunning disposition to see the autopsy photos and then brittany norwood sitting right there. >> sure. it was a lot of drama that unfolded. of course, in front of all of our cameras and reporters out here. >> once again, very active inside the courthouse. we're expected that andrea
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actually walking up. let's bring andrea mccarren into this conversation as soon as we can get her with a microphone. >> just came running out of the courtroom. brittany norwood emotionless. her family did not react very much. and the mor family broke out in tears. the judge will be sentencing in january. however, i was lucky enough to grab one of the jurors on his way out of the building. sir, i don't want to get your name, you all came back so quickly. tell me about what happened in there. >> basically we were unanimous in our decision right away and we wanted to discuss just to make sure that there was no -- nothing that could give us
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reasonable doubt. >> first of all, you got into the jury room and you did a secret vote? >> no. we said, is everybody leaning towards first-degree? everybody raised their hand. >> right away? >> yeah. >> we basically wanted to be thorough and make sure there was nothing that could cause reasonable doubt. so we discussed possible scenarios and people try to play devil's advocate and we couldn't think of any scenario where it wasn't premeditated. the knife thing was one of the clinchers. i don't know how much is in the news because i haven't watched any news since before the trial or during the trial. she had a knife wound at the back of her head and the knife was never in the back hallway. either she planted it or she went and got it. so that was one of the biggest details. >> it must have been a very difficult day for you as a juror today being extraordinarily graphic autopsy
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photos. what was that like and is that what turns the tide for the jurors in terms of second- degree versus first? >> well, the autopsy photos that we saw today were certainly disturbing and it definitely gave us a good picture of how long and how brutal the attack was. but what was emotionally the most difficult and we discussed this as a jury, because it's an emotionally difficult thing to go through. that makes it real to think of somebody's 30 year old daughter dying and -- >> did you look at brittany norwood through the course of this trial. she has been absolutely expressionless. sometimes with her eyes cast down. sometimes with her eyes closed. >> yeah, i actually looked over at her a lot to see how
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she reacted to things and she mostly tried to avoid eye contact with us and looked down at her desk. she didn't seem to get upset. she got a little breathing heavy or something, but for the most part she was, yeah, didn't seem phased. >> you said you in the jury room, what you don't know 15a, is that what the potential motive was, which was theft. was deemed inadmissible in this trial. that jayna murray earlier that day had confronted brittany norwood allegedly with yoga pants with the tag still on. so what were you all thinking might have been the motive? >> we talked a little bit about motive and we recognize that any motive we came up with would be speculative. we talked about how brittany was from washington state and jayna was planning to go to washington state and dating
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someone from the seattle area. so we thought there could be some connection there. but somebody had briefly mentioned, maybe brittany stole something and jayna saw her and she was telling her not to tell anybody. because the apple store heard some stuff going on. >> that has been the talk of this trial to be honest, that people in the apple store heard these horrific screams for help and didn't do anything. did that impact the jury in any way? >> not really. we thought that was messed up. but didn't influence our decision on the verdict or anything. >> now of course there was the concern that obviously it was going to be first-degree, second-degree, or a hung jury if this was not unanimous. was there ever a point among those 12 jurors that you didn't think you would all come around? >> before we went back into the deliberation room, we thought maybe we would be hung or whatever. but once we took that first
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initial vote as everybody leaning towards first-degree? then we, yeah, then we pretty much knew the verdict we were going to arrive at. >> just a couple more questions, i'll let you go. what was it like to sit through this -- the last eight days? >> well, the first 2 1/2 were the most boring. that was jury selection. but then right on wednesday during the opening remarks, that was -- that's when it became interesting. and i was pretty impressed by the da and i'll vote for him next time. people say that sometimes you see stuff on tv. that's all theatrical nonsense, he is banging on the table and the whole nine yards. but it was -- yeah, just all the bloody stuff and all the
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bloody photos. when you get home at night and the judge says don't think about it, that's the hardest part is to try to go to sleep and not think about bloody everything. >> you know, some jurors after they have been through a trial actually seek counseling and suffer some signs of post- traumatic stress disorder. is that something that has been offered to this jury and something you might potentially seek? >> i wouldn't seek it. i'll talk to my wife. she is in that field and she'll help me. but i don't think i'm going to need it. there was one of the -- the alternates had to go through all of this as well, as we did. and one of the alternates had a particularly tough time like i did with the jayna's mother. nobody in the court told us
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about any counseling. >> it has been extraordinary to witness all of you jurors walk into that courtroom. in and out and take your job very seriously. but the tension on your face and then tonight to see you once a verdict had been reached. it was like 12 different people went in there. very relaxed, happy, you were joking. >> oh yeah, it was a relief. one of the big things was being able to deliberate. we became friends over the course of this trial and we weren't able to discuss the trial among ourselves and obviously that is what was on our mind every day. >> anything after all of this you would like to say to the murray family? >> i'm very sorry for your loss and i wouldn't even want to -- >> sorry, we are doing this on the fly. he is just sending me a note. >> oh, that was for you. >> by the way, number 15a, i'm
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not sure you are aware, but jurors were not referring to each other by name, simply by number. i suspect you all were bonding behind the scenes. are you going to keep in touch with jurors? did you call each other by name, not number? >> we got a kick out of calling each other by number. and so a couple of the guys might have over for a poker game on saturday and i wrote their real name and their juror number just for giggles. >> well number 15a, i can't thank you enough for your time and jury service. >> thank you. >> all right, that's it from rockville, back to you, derek. >> andrea mccarren live in rockville. the verdict is in from the jury. guilty of first-degree murder. jayna murray's killer, brittany norwood now facing life in prison. we spent a lot of time chatting with juror number 15a. a man who is obviously very comfortable with the verdict that they came back with and a
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man who according to his explanation to how seriously they took this is very, very serious about being a jury. right now, we are preparing to go back live to the courthouse where we believe we will be hearing from the prosecution. john mccarthy. i'm sorry, this is the defense attorney who is speaking right now. we'll first listen to him. >> we had raised all the points we wanted to raise. we are disappointed and it's tough for the family to go through this. >> brittany has shown no reaction. >> i think it was a tough emotional experience for her to sit through that trial. i don't think that's what she wanted to be. i think maybe she became deadened do what was going on. certainly during the course of us representing her, she showed a lot of reaction. >> i think she has shown a lot of remorse. i think she has been remorseful
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from day one. >> yeah. i think she was fine with that. >> what was your strategy as to not going with the defense? were you simply trying to answer questions throughout this prosecution case? >> well, i think we are able to establish through cross- examination. evidence of our defense. i mean, we are going to show it happened in a short period of time. those types of injuries are more consistent with someone who acted impulsively versus someone who acted in a premeditated manner. i don't think there was anything left out. >> you talk about everything, i think -- >> yes, they are a very good family. you know, before brittany got involved in this, it was top to bottom, an excellent family. everybody, i think, eight of
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the nine kids have been to college. the only one that wasn't to college because of a developmental disability. they are a fine family. i think they are very upset. i haven't had a chance to talk to them yet. i think they want to get home. >> why she did, she doesn't appear to be anything but not that. >> right. >> can you explain? >> no, i really can't. i'm not really prepared to answer that. >> your strategy was to try to get second-degree murder. that would have been a victory. what would be your strategy for sentencing? >> we'll see. jeff greenburgh has discretion. he has a lot of discretion in which type of sentence he will
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impose. there are a lot of good things to say about that woman. >> in terms of time, are you hoping it will be life with parole? >> absolutely. absolutely. >> well, life with parole sentence, it gives someone hope. it gives someone hope that they'll eventually get out of jail, if it's life without parole, the person never gets out of jail. >> i mean, that's beyond the confidence. >> the jury never heard about the allegation of -- do you talk about that? >> that is mr. mccarthy's choice. he maybe or maybe had the evidence. i never really accepted that as a motive for a killing like this. many people were talking about shoplifting, but i never personally believed it as a motive to kill. >> thank you very much. >> thank you. >> all right, we just heard
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from the defense attorney for brittany norwood. douglas wood who told us he was very disappointed by the verdict, which of course you would expect. he said some things that were surprising or a little bit interesting. for example, he said this was a tough experience for brittany norwood, that she wasn't where she wanted to be. of course, she didn't expect to be in front of a jury being tried for murder. she says that they said that the injuries in the case were indicative of impulse, in the a planned attack, which of course a jury very much believed it was a planned attack. hence the first-degree murder conviction. he also said that he would not talk about why she did it. perhaps that was client privilege. he couldn't get into that. we don't have any further idea as to why this horrible, violent attack happened to jayna murray. anything beyond the fact that there was a confrontation over the stolen clothing from lumulemon, which our defense attorney, when proved.
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he didn't believe that was reason enough for murder. it was not allowed into the trial. he said it didn't matter. that was not enough reason for murder. but at the same time, he could not reveal because of attorney, client privilege what was the reason. what would have driven brittany norwood to perform such horrible acts on jayna murray who had done nothing according to him to deserve it. we will not know anything about that. he also said in terms of sentencing, that he has a lot of good things to say about brittany norwood. that he wants to say them to the judge. he hopes it will not be life without parole. from where we sit, that would seem to be a long shot, but he is hoping to get her the best thing possible. he hopes there could be a parole in there somewhere for her, saying if you have parole, you have some hope. if there's not parole, then you know you're going to be in prison for ever and no hope at all. once again, the verdict is in in the brittany norwood murder trial. guilty of first-degree murder in the killing at the lumulemon
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store. we heard earlier from one of the jurors. juror 15a. andrea mccarren going in depth with that juror as he explained over that one hour of deliberation, they basically didn't have any doubt about that first-degree conviction. they were throwing around different scenarios, taking the devil's advocate area. no one came out with much doubt. this was, again, a first-degree murder that they were going to convict the premeditation. ken is still live in front of the courthouse and i'll turn it back to you, ken, what do you know? >> reporter: derek, one of the fascinating thing about a trial like this is when we hear from the jurors and in this case we were able to hear from juror 15a. i want to talk more about that with our legal expert. jeanie. fascinating when you get a glimpse of what some of these jurors were thinking. >> it is the box that we never really have a good view of. and listening to him say that the initial straw poll that
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they took when they got into the room, which they are absolutely supposed to do. they were all in agreement. this is a stunningly fast verdict and it is one that will speak loudly to the judge. >> you know, and again, just the way he describes some of that emotion. does that surprise you at all? that was the sentiment that these jurors took back to the room with them? >> i was most surprised when he pointed out one of the witnesses that moved him the most was in fact jayna murray's mother. and he was -- he said it wasn't he alone, there was another juror that was moved by her testimony and the enact that this woman lost her daughter so young. what kind of observations are fascinating to me. as a lawyer, wonder what is the jury thinking? i wonder if any of them -- until they saw them come in. >> right.
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also, is it typical when jurors see evidence as grotesque as some of this was. they debrief as they get to the business at hand. again, it took an hour. so, if there was any kind of debrief, it probably happened really fast. >> and you know, this is certainly not meant as any criticism to this jury or to anybody. but it is an amazing thing to watch how quickly they can -- >> let me interrupt you. let's toss it back out to derek. >> the family is here with us. come on up. >> john mccarthy the prosecutor. >> my name is john mccarthy. i'm the state's attorney from montgomery county. i have some brief comments and i would indicate that on behalf of the family, jayna's brother will be speaking on behalf of
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the family. brittany norwood was convicted today and the jury returned its verdict shortly before 6:00 p.m. and convicted her of first- degree premeditated murder in the attack on jayna murray that occurred on march 11 of this year. the sentencing in this matter will take place on january 27 at 1:30 in the afternoon. the state previously filed a motion to seek life without the possibility of parole in this matter and that would indicate that is precisely the sentence we will be seeking from judge greene burg greenberg at that time. i would like to thank the men and women of the jury that served on this case, as well as the alternates. as i said to them during the course of this trial, this was a difficult case and i am sure for the men and women who was selected randomly from this community to serve on the jury. this was a hard case. these were difficult facts to
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listen to and to judge. i would also like to thank judge greenberg to what was a fair trial for both sides. i really would like to congratulate the police department for montgomery county. you know, i became involved in this case along with mary, who was my cocouncil in this matter. the same day that jayna's body that was discovered. the case that we tried and the person that we tried was not the case we got involved in originally. we along with the police were involved in looking for those two unknown assailants who allegedly killed jayna murray so violently and left the defendant now convicted first- degree murder batter battered and bruised. i think on behalf of the family. i talked to phyllis and david
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murray. these wonderful people that we have gotten to know through the course of this trial and on their behalf, they asked me to make a couple of thank yous. they are very, very grateful to the men and women of the police department in montgomery county. it is extraordinary to think about what they were confronted with, that initial saturday and to think by the following friday they had in custody a person who pretended to be a victim is really remarkable and a tribute to the men and women of that department. i thank them. i congratulate them, as do the murrays. during the course of this trial, we had tremendous support from the sheriff's department here in montgomery county and the murrays asked me to extend their thanks to the men and women of the sheriff's department who have helped us throughout this trial. and lastly, there has been an
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incredible outpouring of support for the murray family from the people of montgomery county. many participanted potentially in the run that was held in jayna's honor a few weeks ago and people related to this case. this case mattered. it really shocked the people and rocked us very much. when this first occurred, this was a terrifying event as it was first recorded and the murrays are very, very grateful for the support they received, not seeing montgomery county, they only wished they were, but for the support that they've had from everybody since they have been here. i want to just say a little bit about the extraordinary family that i have gotten to meet handling this case.
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these are extraordinary people. the murray family. and as you are going to hear from a member of the family in just a second, but it has been a great honor and a privilege to represent them and presenting the fact and the evidence in this case and making sure the person was ultimately and truly responsible for this crime was brought to justice. and one of the things we also learned during the prosecution of this case and though i did not know jayna murray in life, every person that i met talked glowingly about this extraordinarily talented woman who would have been celebrating her 31st birthday on november 22. i know that day is meaningful to her mom and dad. we talked about that. this is a woman who had unlimited potential as most people in the community now know. she got awarded after her death two master's degrees from johns
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hopkins. one was a masters in business administration and the second masters. this was a brilliant and obviously beautiful, took after her mother. i also want to thank, if you watched this trial, you know that this was not just an effort by me, but by beth. i have had the privilege of having tried this case with mary beth ayers, who assisted as cocouncil in this case. she did an extraordinary job and there's a young woman who was like the power behind the thrown. there's going to be the newest state's attorney in montgomery county and she has done an extraordinarily good job in helping us get this case together. langley, there are a couple people. i know the press talked about some of the detectives in this case ano

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