Jury Deliberating Retrial Of Man Accused Of Murder And Arson Has An Issue While Talking It Over
PHILADELPHIA (CBS) -- The Philadelphia jury deliberating the murder and arson retrial of the man accused of killing his two little boys in a rowhome fire decades ago, returns to work Monday morning.
It was a contentious, complex trial, which included testimony from the defendant's former live-in girlfriend, ex-wife, and competing fire science expert testimony.
56-year-old Daniel Dougherty declined to testify in his own defense.
A former Philadelphia fire marshal confirmed the original report of arson. But a forensic scientist who testified for the defense told jurors it should have been ruled 'undetermined.'
Prosecutor Judge Conroy attacked the credibility of the defense fire expert, telling jurors he would say anything 'for a price.'
Defense lawyer David Fryman raised the reasonable doubt issue, by asking jurors if Daniel Dougherty 'maliciously and intentionally set three fires where his two boys slept in 1985,' why did the Commonwealth wait 14 years to arrest and charge him in 1999?
The jury got the case late Thursday afternoon, and its first question on Friday centered on the photos of the charred living and dining rooms.
It also asked for the judge to re-read the definition of reasonable doubt.
In between the questions, there was a rocky moment with a potential obstinate juror. The court crier heard a knock on the door from the jury room, and before he got his foot in the door, he heard the foreman say 'there was an issue with jurors...'
Then, the courtroom staffer told the judge he overheard someone say 'maybe, just find him guilty.' Judge Scott O'Keefe ordered all jurors into the box, and told them if they have any questions, they should be reduced to writing, and sent to him directly.
