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Update: Mistrial declared in Mageau assault trial

6:04 PM Fri, Jun 05, 2009 |
Tatiana Pina    Email

By Talia Buford
Journal staff writer

WAKEFIELD, R.I. -- The jury charged with deciding whether former Charlestown Town Council President James Mageau committed assault was unable to reach a verdict Friday afternoon and discharged by the judge, who declared a mistrial.

A pretrial conference set for June 23 has been set to update the court on whether the state will pursue charges against Mageau in a retrial.

They foreshadowed their difficulties in a note sent to the judge Friday morning

"We have taken six votes and we have been unable at this point to reach a consensus," said Judge Bennett R. Gallo as he read the jury's note into the court record. "It doesn't appear the vote will change, but we are willing to continue deliberations if you wish."

The jury deliberated all day Friday, having scrapped two hours of deliberations Thursday after a juror was replaced by an alternate at the end of the day. After receiving the note, Gallo encouraged the six men and six women to continue trying to come to a unanimous decision.

"There is no reason to believe that this case will be given to a jury more capable, more impartial, or more intelligent than you," he said. "And there is no reason to believe that more or clearer evidence will be produced at a second trial. It is your duty to decide this case if you can conscientiously do so."

Mageau, 70, who was not re-elected to the council last November, is accused of assaulting Clifford Vanover at a July 2008 town council meeting, slapping a camera that Vanover was using to tape the proceedings. The two-day trial was held in Superior Court because Mageau appealed an earlier conviction by a DIstrict Court jury.

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Comments

grace said:

Anyone who knows "Mr." Mageau, knows his history... It is sad that he relishes publicity even in this negative venue - he deems such to be valuable...

Only in Rhode Island



Roberta Redbird said:

If Mageau's record were allowed as evidence and not expunged, they would find him guilty and transport him



Jack said:

boy - it'd be too bad if this ended in a hung jury... they're probably divided on whether someone hitting a camera that someone's holding constitutes assault against a person.

Mageau has wasted tens of thousands of dollars of Charlestown and state taxpayer money in this situation and further appealing this before. He has a criminal record that he was able to get expunged. He's sent hate mail that Ch. 12 proved was his handwriting.

If the jury can't convict it will only embolden him to do this again and again and again. Thank goodness the voters threw this bum out.



pod said:

"Consensus" is not the correct word as I understand it. Unanimity is required in all trials whether six jurors or 12 jurors. That is what hung the first lead paint trial; only 4 of 6 found the charges reasonable.

Consensus implies, at least in my world, a majority of some kind. That is not enough in court.



Dan said:

I don't think they will convict him since he assaulted a piece of property, not an individual. Fortunately, for us all, the taxpayers in Charlestown saw what he really is and voted him out. People in South County have long memories, so I don't think he could get elected to anything at this point. Hopefully, they kept the handwriting samples on file in case he goes that route again.



Bill said:

Pod, I think "consensus" is properly used in this report, as Merriam-Webster says it is a synonym for "unanimity." Although unanimity is the term often used for the requirement that a jury's decision must be approved by the votes of all members, jurors often report that, although they don't completely agree with the rest of the panel, they agree to go along with the others. Consensus is used to describe such a community or political decision making process where all participants work to find a position that can be supported by all. This process is used by Quakers and by many Native American nations, and I mention it here because if our local governments tried to followed the consensus model there would be less shouting, shoving, and trials, and more effort to find the best solution to our common problems.



Roberta said:

Mistrial????
“In my judgment, there is more than sufficient evidence for the jury to find assault or battery or both,” Judge Gallo said



pod said:

Bill,

Thanks for broadening my understanding of the word. As Ed McMahon used to say "I did not know that".



Govstench said:

They may not have convicted this clown in court, but he is dirt in the public eye. He is a prime candidate for anger management.




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