 After reaching a verdict in the case at 2:37 p.m. Thursday, the jury
entered the courtroom in the presence of Cline, his attorneys Jay
Elmore and Jeff Page, Assistant State's Attorney Jonathan Wright,
and Judge Thomas Harris. They delivered their verdict to Harris,
who announced that Cline had been found guilty of first-degree
murder.
Testimony in the case of Ty Cline began on the afternoon of Sept.
14 with prosecuting attorneys Wright and Ed Parkinson, appellate
attorney, offering direct examination of their witnesses.
The prosecution concluded their case at the end of the day on
Friday.
Monday there were no proceedings as the defense's first witness,
an expert forensic pathologist from Miami-Dade County, Fla., was
unable to appear that day.
Tuesday the defense commenced with the calling of their expert,
Dr. Mark Shuman, and concluded that same day with testimony from
Cline himself.
Wednesday morning both the defense and prosecution offered their
closing statements. The jury heard instructions from Harris and was
released to go to lunch as a group, then ordered to return to the
jury room to begin deliberations.
After not reaching a verdict by the end of the day Wednesday,
jurors returned to the Logan County Courthouse Thursday morning and
resumed their efforts.
At 9:13 a.m. they made a request of Harris. Calling all the
attorneys and the defendant together, Harris said the jury was
asking for transcripts from certain witnesses. Harris said that he did
not intend to provide the transcripts.
He said getting the documents prepared and presented to the jury
would take too long. Harris said he was instructing the jury
to rely on their notes and memory. This decision was made after
conferencing with all the attorneys, and there were no comments or
objections to his decision.
On another issue, Elmore and Wright conferred with Harris at the
bench, and then Harris asked the bailiff to bring one of the
jurors into the courtroom. He also told the bailiff to stop
deliberation until the juror had returned.
In the courtroom, the 63-year-old male was asked if he had had
any personal contact with people who were in the courtroom gallery
watching the trial.
The gentleman relayed that there were three people in the
courtroom he knew. He acknowledged that he may have nodded his head
to someone in the gallery.
Harris asked if he had talked to anyone who has been in the
gallery. The man said he had seen an old acquaintance outside on the
steps and they did talk briefly. He was adamant, though, that the
conversation was typical small talk and had nothing to do with the
trial.
Harris asked him how long before this week it has been since the
two old acquaintances had seen each other. The man recalled his last
visit with the person as being when the old Moose Lodge was where
the Ace Hardware is now. He said it may have been 10 years ago.
Harris asked about a second person the gentleman may have nodded
at, wondering when he had last seen that person. The gentleman
relayed that the person in question was employed at a business he
visits occasionally, and perhaps the last time he did make a visit
to that business was three to four months ago.
Harris finally asked, "Do you know (the two people's) association
with this trial?" to which the man answered: "I have no idea."
After questioning, the attorneys again went to the bench for
discussion with Harris. Harris told the juror he was finished,
thanked him and sent him back to deliberations.
The rest of the day was relatively quiet. Lunch was brought in
for the jurors at noontime, and at 2:37 p.m. they told the bailiff
to share with Harris that they had a verdict.
The attorneys and Cline were called to the courtroom. Throughout
the entire trial, Cline had been afforded the opportunity to attend
in street clothes, a blue-gray suit with shirt and tie and without
shackles. The same was true when he returned on Thursday
afternoon. Cline entered the room with his face flushed, but
otherwise he showed no emotion.
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Throughout the trial, there have been a good many people in
attendance. Many were considered to be supporters, friends and
family of Cline, as they sat directly behind the defense during
proceedings.
On Wednesday and Thursday there were also several in attendance,
who by their position in the courtroom, behind the prosecution,
appeared to be friends and family of Jody Alberts.
The judge began by addressing those in the gallery. He expressed
appreciation for the manner in which the gallery had conducted
itself through the week and referred to it as a "clean trial" with
no disruptions.
He said he understood that the reading of a verdict would be
emotional for all, but he had been assured by the attorneys that
there would be no disruptions from the gallery.
He qualified his statement that while he didn't expect to have
any outbursts, he would have anyone who caused a disturbance during
the final minutes of the proceedings removed from the courtroom
immediately.
When the jury was brought in, he asked if they had reached a
verdict, and the foreman replied they had. The written document was
taken by the bailiff and given to Harris, who read it aloud,
pronouncing Cline had been found guilty of first-degree murder.
True to Harris' expectations, there were no loud outbursts in the
courtroom. It was clear that members of both families were
emotional, and quiet sobs could be heard in the room, but no one
spoke.
Harris thanked the jurors for their service, saying: "It has been
a difficult case. The subject matter has been difficult, and I know
you took it seriously."
The jury was then sent back to the jury room.
Harris said he would set a date of Dec. 1 at 9 a.m. for the
sentencing and remanded Cline back into custody without bail until
that time.
Cline remained calm during the reading of the verdict. Before
being escorted out of the room by a Logan County sheriff's deputy,
he shook the hands of his attorneys and appeared to be thanking them
for their efforts.
___
For a complete account of the trial proceedings, follow these
links:
From August 2009:
Toddler's death under investigation
Lincoln man charged with felony murder in toddler's death
Lincoln man pleads not guilty in toddler death
Trial proceedings Sept. 14-21:
Witnesses take stand at Cline murder trial
Afternoon testimony includes text messaging
Prosecution rests in Cline trial
Cline trial: Defense calls expert witness
Cline testifies in his defense
Closing remarks in Cline trial present 2 different scenarios
Jury calls it a night with no verdict
Breaking news, 3:10 p.m.:
Jury finds Cline guilty
[LDN]
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