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No verdict reached in Morikawa CSC trial
Posted: 07.14.2011 at 12:20 PM
Updated: 07.15.2011 at 2:25 PM
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The jury will continue deliberations Friday morning.

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CRYSTAL FALLS -- Update 2:05 p.m. EST

The judge in the trial of former Michigan State Trooper David Morikawa has been called away on another matter.

A new judge, Mary Barglind, has taken over the trial.  She instructed the jurors to begin deliberations from the start, because there is a new juror joining them after the dismissal of a jury member early Friday.

Update 12:21 p.m. EST

The jury handed out a note, asking the judge to remove one of the jurors. 

The removed juror had been investigated in the past for a crime that could influence his opinion.

If the attorneys knew the information during jury selection, this juror would have been excused.

A show cause hearing will be held next week to determine if this juror was in contempt of court.

An alternate juror has joined the jury, and they continued deliberation.

Update 11:08 a.m. EST

The jury returned to the courtroom on Friday, around 11 a.m. EST, to report that they were still deadlocked after 45 minutes of deliberation.

The judge sent the jury away to deliberate further.

Update 9:31 p.m. EST

After six hours of deliberation, no verdict was reached Thursday in the criminal sexual conduct trial of former state trooper David Morikawa.

Morikawa is charged with two counts of second degree CSC stemming from an alleged incident with a 12-year-old girl in July 2009.

During closing arguments Thursday morning, the prosecution and defense made their final pitches to the jury.

Special prosecutor Michael Stein went first explaining the jury should focus on the consistency of the victim's testimony with several other witnesses.

"We don't need to show DNA, GPS, satellite photos, anything like that,” said Stein.  “If you believe that little girl, it ends.  If you believe her beyond a reasonable doubt, it ends right there with her."

The prosecution also attempted to discredit Morikawa's wife, Jenna, and several other defense witnesses who took the stand.

Defense attorney Grant Carlson questioned the reliability of the victim telling the jury that the story she told never happened.  Carlson also said that the victim's family didn't report the alleged incident sooner because they didn't believe her.

"Folks, I agree with Mr. Stein, [the family] isn’t on trial.  Mr. Morikawa is and the prosecutor wants you to believe that because a story is told it must be true,” said Carlson.  “Her grandfather didn't believe her, her sister didn't believe her, her brother didn't believe her."

After six hours of deliberation, the jury was deadlocked telling Judge C. Joseph Schwedler they could not reach a verdict.

He ordered the jury return Friday morning and continue deliberation.

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Update 2:32 p.m. EST

After three hours of deliberation, the jury is currently deadlocked.

The judge sent them back to deliberate further.

TV6's Aaron Martin will continue supplying updates on the criminal sexual conduct trial of David Morikawa.

________________________

It's now up to the jury in the David Morikawa trial.

Closing arguments were delivered Thursday morning in the criminal sexual conduct trial in Iron County Circuit Court.

In their remarks, the prosecution questioned the creditability of the defense witnesses, especially Morikawa's wife Jenna.

The defense says the family of the victim did not tell police immediately about the incident, because they didn't believe her.

In the prosecution's rebuttal they pointed out that Sergeant Christine Grabowski testified that she said Morikawa was not trustworthy.

The jury got the case around 10:15 a.m. Central Time.

TV6's Aaron Martin is at the courthouse covering the trial.

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