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When Clark and Daniel visited Richard in the county jail that day, he said he didn’t want to go forward with the trial and his lawyers should demand a mistrial. There was no way, he insisted, the jurors could not be influenced by the murder of a fellow juror. He pointed out that the case was not about forgery, or a stock swindle; it was about murder, and he was being tried for murder. “There’s no fucking way they won’t be affected against me!” Clark, Daniel, and Salinas agreed wholeheartedly, and they promised Richard they’d prepare a motion for mistrial. Amid a packed courtroom, Clark told the judge that the defense wanted the jury to have a period of at least a week to recuperate. If the judge wasn’t inclined to give them a week, Clark asked that the jurors be polled to see if they could still be impartial. He had been in contact with two psychiatrists, Dr. Jo ’Ellan Dimitrius and Dr. Carlo Webber, and they had both unequivocally advised him it would be wrong and improper to let this jury sit in judgment of a murder defendant without their being polled. He reminded the judge that the jurors had become “as close as siblings, husbands and wives.” Halpin didn’t agree. He didn’t want any delay and polling the jurors would just serve “to stir up their emotions.” Tynan decided to bring out the jury foreman and get his opinion about the capability of the jury to go on with an impartial deliberation. Foreman Rodriguez was summoned and Tynan queried him about the jury’s ability to move forward. Rodriguez, a mustachioed man with very black hair, said, “I feel it is somewhat tranquil, but it is—I feel that we can probably continue today.” “They all seem to be able to carry out their duties, then, as jurors?” asked the judge. “Right. Everyone appears to have it behind them.” “I am delighted to hear that,” Tynan proclaimed, an audible sigh of relief coming from him, and called for the jury to be brought out. He announced he was going to allow the trial to go forward. He looked at the defense table and said, “If there’s any objection from the defense, I’ll hear it now.” Richard leaned forward and said: “I have an objection. I think that is fucked up!” The bailiff closed in. The press, not knowing what Richard would do next, leaned forward. Daniel calmed Richard and told Tynan the defense objected strenuously to the deliberations going on with this jury.
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Philip Carlo (The Night Stalker: The Disturbing Life and Chilling Crimes of Richard Ramirez)