For the past seven days, family members, the press and the public have sat on the hard benches in room 203 watching the murder trial of a former teenage squeegee worker accused of fatally shooting a bat wielding driver in downtown Baltimore, last summer.
The defendant was 14 at the time. WYPR is not naming the defendant, because of his age.
Parties anxiously awaited a verdict or a mistrial ruling by Judge Jennifer Schiffer Wednesday.
"Juror number five has called multiple times,” Schiffer announced. “She indicated that she could not be around people today, citing flu-like symptoms.”
Schiffer then gave the prosecution and defense a moment to digest the news and then respond. One option, said the judge, is to have all jurors return tomorrow. She said the sick juror would have to show a doctor’s note to be excused from service.
“It would be insensitive to have 11 people around a contagious disease,” said Warren Brown, one of the defense attorneys. He then asked for a mistrial. On Tuesday, the jury sent a note saying they were having a hard time reaching a unanimous verdict. They asked for the legal definition of a mistrial.
“Let’s not assume the worst case scenario,” said Cynthia Banks, assistant state’s attorney. She suggested the jury deliberate virtually.
Co-defense counsel J. Wyndal Gordon objected to that option.
“This is a murder case,” said Gordon. “It's not like somebody stole the candy bar from the 7-Eleven. We want all the jurors together so they can feed off of each other. We don't want anyone who would have the temptation to do any independent research outside of what's taking place within the four corners of that jury room.”
After hearing both sides, Schiffer denied the defense motion for a mistrial.
“We’ve used many resources to try this important matter,” said the judge. “Many witnesses have come forward. At this time, I’m willing to try one more day.”
According to the prosecution, the defendant leaned into Timothy Reynolds' car on July 7, 2022. Banks told jurors that the defendant said something that infuriated Reynolds so much, he parked his car and approached the group of squeegee workers with a baseball bat. Upon realizing he was outnumbered, Reynolds walked away.
That’s when he was shot five times, with three of those shots to his back.
The defense says the teen defended himself and others if he was the shooter. The mysterious shooter had no other choice but to protect himself and others, when Reynolds swung his bat, according to defense attorneys.
Jury deliberations are expected to continue Thursday.
