UPDATE: The jurors closed the door behind themselves at 9:04 am today. Presiding Judge John F. Dugger, Jr. charged the jury of 8 men and 4 women prior to them beginning deliberations as to whether Jordan Allen killed his grandmother and brother four years ago at their Old Snapps Ferry Road home.
JURY DELIBERATIONS
The judge during his charge instructed the jurors they must determine Allen’s guilt or innocence, and if guilty, did he commit first-degree murder or lesser charges ranging from second-degree murder, voluntary manslaughter, reckless homicide and criminally negligent homicide.
If Allen is found guilty of first degree murder, testimony would continue during the sentencing phase of the trial in order to determine whether he serve life in prison or life without parole.
If guilty is the finding, the jury will set the fine if any. There is no fine for first degree murder but the fines range from $50,000 down to $3,000 on the other possible verdicts.
The judge himself would fix the sentencing if the defendant is found guilty.
AS REPORTED EARLIER
The only other person mentioned as possible having taken the lives of 59 year old Sherry Cole and 7 year old Jessie Allen has been in the courtroom the past two days after he, Bill Cole finished his testimony on Wednesday. He joined several family members who have been in the courtroom since the jury selection began on Monday. The only time they were not there was after family of the victims had been strongly encouraged to remain outside the courtroom during a video deposition of Dr. Andrea Orvick was played to jurors on Thursday. She is the one who conducted the autopsies.
And it became rather apparent why they were cautioned about being in the courtroom as very early in her testimony, pictures of the beaten and bloodied head and neck areas of both were shown as the doctor testified to the injuries.
Both victims had sustained both blunt force and sharp force injuries. Both had fractured skulls. One side of the little boy’s skull had been crushed. She testified death was not immediate for either, but could or did not say how long they might have lived. Some of the injuries to Sherry Cole she would testify, were over 3 inches deep. When asked which injuries to Jesse Allen were fatal, she responded, all were fatal. Upon cross, she said her investigation did not determine the order in which they died.
Final arguments in the trial for Jordan Allen began at 3:15 Thursday afternoon.
After the defense rested its case around 2:15 the judge notified both sides after a hour long break, they would have 45 minutes each for final arguments. The judge could have at that time decided whether to charge the jury or wait until this morning, which given the late hour is what he decided to do.
Earlier in the day Jordan Allen announced he would testify in his own defense. The defendant told the court of his decision after the state rested its case at 9:40 this morning.
Before that, his attorney Todd Estep requested that Allen be acquitted in that the state had not presented evidence to convict him.
His request was overruled by Judge Dugger, at which time Estep questioned his client in open court as to his intentions moving forward.
The announcement by Allen that he was going to testify appeared to catch many in the courtroom by surprise.
A short recess, which included both lead attorneys meeting in chambers with the judge, was followed by the defense opening its case at 10 a.m.
Jordan Allen then took the witness stand at 1:17 and during only 12 minutes of questioning by his attorney, Allen denied the accusations against him. Instead he again put the blame on Bill Cole, who is seen below (in plaid shirt) watching Jordan during his testimony.
DELIBERATION UPDATES
As of 11:30 this morning, the jury had one question of the judge which was asked and answered. Later they returned to the courtroom to hear a few minutes of audio from one of the interviews with Allen and investigators.
