I know the Florida statute says 12 for capital cases, but Adam Kaufman had 12. If you're not familiar with that trial, it was the same thing as Mr. Zimmerman - falsely accused of Murder II. Here's what I found about his 12 juror situation:
Florida Rules of Criminal Procedure Rule 3.270 states: "Twelve persons shall constitute a jury to try all capital cases, and 6 persons shall constitute a jury to try all other criminal cases."http://justicebuilding.blogspot.com/2012/06/limited-registry-kaufman.html
So, how did it happen. We have perused the court file and briefly spoken with the Judge's staff and with a member of the State Attorney's office.
Here is what we found:
Mr. Matthewman filed a Motion asking the court to conduct a jury trial with 12 jurors. Matthewman argued, according to court personnel, that because there is almost no real difference between the charge of 1st degree and 2nd degree murder when death is not sought, therefore the failure to afford a 2nd degree murder defendant a 12 person jury would be unconstitutional on numerous grounds.
Apparently Judge Miller tended to agree with the jist of the argument but told both Matthewman and the State that without precedent or agreement by the parties, she would not order a 12 person jury. Apparently, Miller was vocal enough about the novel issues raised by Matthewman that she went so far as to strongly suggest that the State seriously consider coming to this agreement. The Judge felt that the Motion raised an important constitutional issue.
The week following arguments before the Judge, the State came to court and agreed to stipulate to Matthewman's Motion and alas Kaufman had a 12 person jury.
(Waaaay down in the comments)
Think Mr. O'Mara will try it? If so, how successful do you think he would be?