Another interesting aspect of today’s deliberations in the Rex Gutierrez trial was the request for testimony read-back by the jury.
The jury requested the court reporter read-back testimony of the defendant.
The testimony in question is related to Gutierrez’s explanation regarding documents he submitted.
Very interesting…….
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If I were to bet, I’d say hung jury tilted toward defendant. The question the jury asked regarding conspiracy shows they’re confused by the prosecutors’ uncharged conspiracy theory. If the vote favors Mr. Gutierrez, he may well get a dismissal and expungement. (I don’t represent anybody in any of these cases and have never met Mr. Gutierrez.)
You are well known for your legal acumen, Mr. Little. Why would Mr. Gutierrez need an expungement if he gets a dismissal?
I noticed an odd response from Rex in the Sun’s edition…Rex had off handedly blamed an assistant for what was on his time card, so Goritz asked him essentially but somewhat sarcastically did he think the payroll specialist fraudulently entered the time on his time card and Rex responded, they didn’t do it on their own volition, I instructed them what to enter…Rex may have misunderstood the question or wasn’t listening but he confirmed a “damming” reply. See for yourself, Freudian slip.
In case of acquittal, you’re can seek expungement of the arrest/prosecution. For a case that’s been in all the papers, it’s not worth much, but one shouldn’t turn it down.
It’s academic now, since the jury hung and the DDA says he’ll want to retry, but an expungement after an acquittal expunges the arrest. It’s meaningless where your case has been in all the papers.