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Man freed in jury mistake killed; suspect arrested

By WTOP Staff

SCOTT SMITH
Associated Press

FRESNO, Calif. (AP) — A burglary defendant who won his freedom because of a jury’s mistake lost his life a few hours later when he was stabbed to death in a fight.

The jury in the trial of Bobby Lee Pearson, 37, mistakenly signed a not-guilty form Wednesday, and the flabbergasted judge said he had no choice but to order him to be released from jail because the verdict had already been put on the record.

It was too late when the judge finally learned that the jury was unable to reach a verdict, stalling on an 8-4 vote in favor of guilt. Prosecutors might have had an opportunity to retry Pearson, but by then, changing the verdict form would have exposed Pearson to double jeopardy.

After being released from jail, Pearson went to the home of his sister, Lasandra Jackson, to get some clothing and belongings. Fresno police Chief Jerry Dyer said Pearson apparently got into a fight with his sister’s boyfriend, 35-year-old Willie Gray.

The two had a history of problems, said Dyer, adding that investigators believe Gray killed Pearson, who was found dead in the street with a chest wound from a knife or gun and a cut on his stomach. Investigators found a steak knife near the body, Dyer said.

Gray was arrested and treated for injuries to his hands before being booked on suspicion of murder, said Dyer, adding that Pearson might still be alive if it weren’t for the jury’s “mishap.” Pearson had a long criminal past, Dyer said.

William Terrence, who prosecuted the case, told The Associated Press that despite the bizarre chain of events that led to Pearson’s release, the man he tried sending to prison didn’t deserve to die that way.

“There’s not a death penalty on a burglary,” Terrence said. “I’m not sitting here thinking he got what he deserved.”

Terrence said he is still trying to understand the jury’s confusion. He said he explained the verdict forms in closing arguments, and so did the judge.

“Apparently, the message wasn’t quite received,” Terrence said.

In a deadlock, jurors should have sent a note to the judge.

Pearson and two co-defendants were accused of burglarizing an apartment last year and stealing a video system and a gun. The homeowner allegedly caught the intruders and wrestled with one of them.

Jurors returned a guilty verdict against Pearson’s co-defendant, Terrel Minnieweather and the mistaken not-guilty verdict against Pearson before lunch Wednesday.

Terrence said Hamlin polled each juror individually to verify Minnieweather’s guilty verdict. Turning to Pearson’s case, the judge asked the jurors as a group if that was its not-guilty verdict in Pearson’s case.

“No one stood up and said, ‘Hey, wait a minute. That’s not my verdict,'” Terrence said. “They nodded along.”

Terrence said that it wasn’t a mistake to poll the jury as a group. The evidence against Pearson wasn’t as strong, and Terrence said he respected the jury’s apparent not-guilty decision.

The jurors were then asked to return after lunch for a potential second phase of the trial. The confusion over the verdict came to light during lunch, when one juror told court staff that he had voted to find Pearson guilty.

Jurors said they were confused by the forms, one of which was for a guilty verdict and the other for a not guilty verdict. One juror said there was no form they could sign to indicate a deadlock.

“It is bizarre,” said Eugene Hyman, who retired from the Santa Clara County Superior Court after serving for 20 years on the bench. “But I can’t find fault with anyone.”

Hyman, who had no involvement in Pearson’s case, said during trials, he would ask each juror whether the verdict read by the clerk was indeed their verdict. He said there’s nothing wrong with polling jurors en masse.

Hyman said the judge had no choice but to acquit Pearson if Hamlin ordered the not guilty verdict “recorded” immediately after the jurors nodded in agreement with the verdict.

Judges are required to poll jurors after every verdict is read in criminal cases, Hyman said.

___

Associated Press writer Paul Elias in San Francisco contributed to this report.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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