Posted by RAM on February 11, 1999 at 13:45:40:
Gun jury suggests they are 10-1 for
plaintiffs
February 11, 1999
Web posted at: 12:39 PM EST (1739 GMT)
NEW YORK (Reuters) - The 11
jurors deliberating a negligence case
against handgun manufacturers
appeared Thursday morning to be
close to finding the companies liable
for illegal handgun shootings after they
told the judge only one juror was
holding out for acquittal.
On their sixth day of deliberations in federal court, the jury told Judge Jack
Weinstein that one of them was holding out because he or she feels the
verdict could "open the floodgates to lawsuits across the country."
In the closely watched case the families of seven shooting victims in
Brooklyn are suing 25 gun manufacturers for negligence for allegedly glutting
certain markets with weapons, making it easier for criminals to obtain illegal
guns.
The civil suit -- being tried just as a number of cities have begun suing gun
manufacturers for their costs related to violent crimes -- is the first to come
to trial using the so-called "negligent marketing" charge.
Weinstein told the jury to return to deliberations
after he instructed them not to consider the
effects of the verdict beyond "the evidence heard
here and the law as I gave it."
The jury's revelation was a surprise to those
watching the case. Late Wednesday Weinstein
warned the lawyers to prepare for a mistrial after
the two men and nine women jurors called
themselves deadlocked for a third time in two
days.
But Thursday morning's note seemed to reflect a
change in the mood of the jurors.
"After listening to the judge yesterday afternoon,
10 jurors decided to work together to reach a
verdict," they said in the note. "One juror refused
because he or she feels the verdict 'will open the
floodgates of lawsuits across the country.' Could
the judge address the importance of focusing on
only the evidence in these seven cases?"
Plaintiffs' lawyers moved to remove the holdout
juror but the judge denied their motion. One
defense lawyer complained that "the jury is
horse-trading" and asked for a mistrial, but the
judge also denied that motion.
During four weeks of testimony the plaintiffs
presented witnesses to support the theory that
manufacturers send too many firearms to
southern states with weak handgun laws. The
excess guns, they allege, end up in the hands of
illegal traffickers who resell them in northern
states that have stricter laws.
The gun companies deny the accusation, saying
they are being wrongly blamed for the criminal
actions of individuals.
Among the defendants in the case are the No. 1 U.S. handgun maker, Smith
& Wesson Corp. of Springfield, Massachusetts, a unit of British
conglomerate Tomkins Plc, and Sturm, Ruger & Co. of Southport,
Connecticut, the second-largest U.S. handgun maker.
The trial has unfolded as municipalities have begun suing the gun industry,
with five suits already filed and more expected. The outcome of the
Brooklyn case could influence whether local governments choose to use a
similar "negligent marketing" theory.