Thursday, December 11, 5:44pm

So sorry I haven’t blogged… been swamped trying to get the latest on TV.  Here’s the deal.  The jury asked the judge if they could play the phone call… the one in which Nichols says, ‘Yeah, I did it.  I’ll do it again.. matter of fact, if I could do something different, I’d come down on the 3rd floor and shoot your a**.  District Attorney’s office is on the 3rd floor.  Judge told them they can listen to only the portion that was played in court.   They haven’t come back yet to hear it.

Thursday, December 11, 3pm

Court spokesman Don Plummer just clarified that under no senario would there be a mistrial.  He said if there are not 7 votes for death or life without parole, then Nichols will automatically be sentenced to life with the possibility of parole.  But keep in mind, he’s convicted of 54 crimes, including 4 counts of murder, so if he gets life WITH the possibility of parole, he wouldn’t be up for parole for 120 years or something.

Thursday, December 11, 2:04pm

The jury just told the judge they’re still split 9/3.  So the judge sent the jury back into the deliberation room and told them to continue deliberating.  After they left, he told the lawyers he’ll bring them all back at 4pm.  If they haven’t heard anything from the jury by then, he’ll probably leave them alone and let them continue to deliberate.

Thursday, December 11, 12:52pm

I just got the complete breakdown of the “What Ifs” from the court spokesman.  Don Plummer tells me if there’s a 9/3 split with the majority voting FOR the death penalty, then the judge would impose a sentence of life ‘with’ the possibility of parole or life ‘without’ parole.  (We can all assume he’s choose life ‘without’ parole.)  If 9 jurors are voting AGAINST the death penalty, then they must continue to deliberate or it will end in a mistrial.  By Georgia law, there must be at least 7 jurors voting either for death or life without parole for the judge to be authorized to impose a sentence.

Thursday, December 11, 12:09pm

If the jury cannot reach a unanimous decision on death, then the judge will likely impose the sentence.  He cannot impose the sentence of death in that case.  So he would likely sentence Nichols to life in prison without parole.

Thursday, December 11, 12:06pm

So it appears the jury is split 9/3, most likely meaning three people are holding out, not willing to sentence Nichols to death.  The judge has sent them to lunch.  When they’re done eating, he’ll give them a couple more hours to deliberate.  Then he’ll call them back in to see where they are at that point.

Thursday, December 11, 11:22am

Judge is talking about wanting to bring them in to ask them what the split is.

Thursday, December 11, 11:18am

The jury says it’s hung.

Thursday, December 11, 11:05am

We’ve just been notifed that the jury has a question.  We’ll find out in a few minutes what the question is.

Thursday, December 11, 9:26am

We’re back… and we wait.