Thursday, March 20, 2008


Wesley Molina Cirino, also known as Flaco has been found guilty by an Oneida County Jury.

Several of the officers went to Officer Lindsey's grave immediately following the verdict.

Deliberations: Jury decides to stay and deliberate further into the night

The judge has given the jury a choice to either go home and come back tomorrow, or resume deliberating.

The jury has chosen to continue deliberating tonight.

Deliberations: 9 o'clock to determine what happens next?

Unconfirmed, but we are hearing amidst whispers in the courtroom that around 9 o'clock, the judge is going to ask the jury what they want to do for tonight.

Deliberations: Friends, family, and fellow officers take seats

Jury was supposed to resume at 8:15 p.m. They have not yet returned to the courtroom.

However, family members, friends, and fellow police officers, have returned to the courtroom, and are taking their seats.

Deliberations: Hour Recess

The court has taken a one hour recess. They continue to deliberate shortly thereafter.

Just earlier, the jurors re-enetered and asked the judge for the definition of "beyond a shadow of a doubt."

Deliberations: Judge tells jurors to order dinner...

The read back of the testimony of Sammy Rivera to the jurors has just finished, and they're continuing to deliberate.

Judge Donalty has offered to get them menus and said they can order dinner around 6 or 6:15 p.m.

Deliberations: Sammy Rivera's testimony is being read back to jurors

Sammy Rivera's testimony. THAT's what jurors have asked to have read back to them.

It's being read back to them now.

Deliberations: Jury asks for readback, but of what?

The jury has asked for a readback of something...but we have not been told what that something is just yet...

Deliberations: Judge releases alternate jurors

The judge has released the alternate jurors.

Deliberations: Judge tells jurors to try and deliberate more

Judge Barry Donalty addressed jurors and told them that if they don't reach a unanimous agreement, a new trial will have to be scheduled with a new jury. He told them it is not uncommon for jurors to believe theat they will never reach a verdict.

The judge also said that he's not asking any juror to violate his own conscious, or to just agree with the conclusion of others. But he did he tell them not to let pride or stubborness get in the way and make them adhere to a conclusion that is no longer correct. He asked them to listen to their fellow jurors, and to deliberate some more.

The disappointment as no decision is reached is visible on the faces of the police officers.

Wesley Molina-Cirino faces the charge of aggravated murder, which could mean life in prison with no parole.

Deliberations: Not over yet, jury split on guilt, Judge to give Allen Charge

Currently, although it is not over yet, the jury in the trial of Wesley Molina-Cirino is currently hung.

A Note just handed that says "X amount of us think he is guilty, X amount that says he isn't guilty beyond a reasonable doubt."

Judge Barry Donalty is bringing the jurors back in and is going to give them an Allen Charge, in which he tells them not to give up their strong convictions, but to try and deliberate more to see if they reach an agreement.

Deliberations: Lunch recess until 2 p.m.

Jurors have broken for lunch, still with no indicatin of a verdict yet. They will resume deliberations at 2 p.m.

Deliberations: Jury wants to see all 5 1/2 hours of videotaped Flaco interview

Jurors have clarified for the judge that they wish to see all 5 - 5 1/2 hours of the videotaped interview of Flaco with police taken on June 6, 2007.

A visible sense of disappointment could be seen among the police officers gathered in the courtroom.

Deliberations: Jury makes several requests

No verdict yet in the Flaco trial.

Just before 9:30 this morning, the jury sent out a series of notes, making several requests. Jurors aren't allowed to talk, so they have to write everything down and have a note sent to the judge.

The first request ... they asked to see all photographs received into evidence. They have been provided with those.

They also wanted Officer Lindsey's "radio dispatch" during the traffic stop of Sammy Rivera. Judge Barry Donalty said he assumed that meant the audio transmissions. If so, that will be provided.

Jurors also wanted a paper or hard copy of the transcript of the June 6 interrogation of Wesley Molina Cirino (AKA Flaco) by police.

The judge is going to ask for them to clarify what portions they want, because those interrogations are 6 hours long.