‘What If We Are Not Unanimous’ Atlantic City, NJ Jury Asks Judge

The Atlantic City, New Jersey Mayor Marty Small jury has been deliberating for less than two days. They have asked Judge Joe Levin several important questions.

The jury Questions For Judge Joe Levin

'What if we are not unanimous on a count?'

What is the difference between Aggravated Assault and Simple Assault?

Both Questions Are Quite Revealing

The first question unambiguously confirms that the jury is deadlocked on at least one of the criminal counts. The jury did not reveal which count they were referring to.

The question of Aggravated Assault versus Simple Assault is huge. If the jury downgraded this to a simple assault … it would not be a disqualifying offense for Small.

In other words, if Small is found guilty of a simple assault, he will remain as Mayor of Atlantic City … so long as he is not convicted of any of the other 2nd & 3rd degree criminal counts.

A simple assault is a misdemeanor.

New Jersey Superior Court Judge Joe Levin

Responded to the jury that:

You have not been deliberating for that long," said Judge Joseph Levin to the jurors. I'm asking that you continue your deliberations, said Levin.

If Past Is Prologue

We’ve seen other New Jersey cases whereby the judge has asked the jury 3 different times to continue with their deliberations to try and arrive at a unanimous decision.

If they still cannot unanimously agree, the case will end in a “hung jury.”

A “Hung Jury” Is A Win For Atlantic City Mayor Marty Small

A “hung jury” lets Small live to fight another day. Or, perhaps the state will not retry Small.

The Jury Continues Its Deliberations Today

With Christmas right around the corner, you can imagine that the jury would like to put this behind them.

We predict that a decision will come today or tomorrow.

Developing.

The Many Players