remember, was out just jogging, just jogging in south georgia last year when he was shot three times with a shotgun. cnn s martin savidge is live in georgia with more on this. martin, what more are you hearing about this jury makeup and the case now? reporter: yeah. good morning, kate. there is a lot of controversy now surrounding this case, especially in light of the fact of what we know about the makeup of this jury. you pointed out the most critical part is we have 12 juror, 11 white, one african-american. if you expand to include the alternates, it is 15 who are white and one who is african-american, or if you break it down by gender, again, with the 16, it s 11 who are female and 5 who are male. the defense, when they heard that, immediately jumped up i m sorry, the prosecution when they heard that immediately jumped up and filed a motion in court alleging that the defense
make decisions that we believe are the right thing. and we have done that in this case. we will continue to do that in this case. and you don t put a price tag on yes. when we talk about a jury makeup, another jury, we heard a lot about how the citizens of allegheny county were great stewards of the law. are you concerned about wherever the next jury is coming from given the publicity of the case they cannot be impartial. so that s a challenge we faced on the first one. i think that s a challenge that we ll continue to face and the analysis is not necessarily that somebody doesn t know anything about the case, it s simply they can put aside whatever they know and then evaluate the case based upon what they hear in the trial. so that s the standard that we operate and for those i know
jury makeup. let s put it up there. seven men, six white, one black, five women, four white, one black. you say the jury s makeup is mainly why they re deadlocked. how so? well, i think it s one of the issues. the law in pennsylvania is the reason he s never going to be convicted at least on two of the charges. it s not possible. and let me just quickly explain. for the drugging charge, for example, you can only find someone guilty if they drug you for the purpose of raping you, without your knowledge. and even andrea constand said she knew he drugged her. that charge is never going to end with a guilty, ever. and i predicted that a year ago. the other drugging related charge pertains to her state of intoxication, or incapacitation, when the sexual assaults happened. under pennsylvania law, you have to be asleep or unconscious. and andrea constand testified she was frozen, she was paralyzed, but she wasn t
about the state proving beyond reasonable doubt the guilty of the defendant. and the defense lawyer put it best when he did his summation, he said if you have more questions than answers, that s reasonable doubt. i think this jury has more questions than answers. and that s why after 40 hours they have not come back with a guilty or acquittal. and i think it could be a hung jury tomorrow. interesting. wendy, let s see. you say let s look at the jury makeup. let s put it up there. seven men, six white, one black, five women, four white, one black. you say the jury s makeup is mainly why they re deadlocked. how so? well, i think it s one of the issues. the law in pennsylvania is the reason he s never going to be convicted at least on two of the charges. it s not possible. and let me just quickly explain. for the drugging charge, for example, you can only find someone guilty if they drug you for the purpose of raping you, without your knowledge.
al, i want to get to you in a second. the state is going to bring charges against shraoelager, ri? yeah, the jury was hopelessly deadlocked and the prosecutors announced yesterday they will retry the case. and charleston is 50% black and 50% black, and why was the jury makeup 11 whites and one black. often you have disproportionate over representation of whites and blacks, and voter registration, who shows up, and you see a can a judge be more aggressive in this case especially, and make sure that at least the jury makeup is somewhat consistent with the demographic makeup of a community? i think it s a great question