Judge (00:00):
"A person acts knowingly regardless of purpose when that person is aware that the person's conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when the person is aware that such circumstances probably exist. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person subjectively believes that there is a high probability of its existence and fails to make inquiry or acts with a conscious purpose to avoid learning the fact." That is the definition of knowingly to be considered as an element of aggravated arson. Now continuing on page nine of the charge.
(00:54)
Once again, you may not discuss or consider the subject of punishment. Your duty is confined to the determination of the guilt or innocence of the Defendant. You will have with you in the jury room verdict forms and these verdict forms shall consist of verdict form one, count one. And that reads, "We, the jury, being duly impaneled and sworn, find the Defendant guilty or not guilty of committing the offense of aggravated murder of Angela Jo Strussion as charged in count one of the indictment." This verdict form has a line where you will write guilty or not guilty. You will put the date in this verdict form and you will see on this verdict form there are 12 lines. That means all 12 of you will sign whatever the verdict is that you've reached. And I say all 12 because your verdict must be unanimous. Whether it's guilty or not guilty, all 12 of you must agree. Now on count one, verdict form one, if you make a finding of not guilty, you will go to verdict form two. If you make a finding of guilty, you will go to verdict form 1A, which reads, "We, the jury, find that the state did or did not prove beyond a reasonable doubt that the Defendant had a firearm on or about his person while committing the offense, aggravated murder, and used the firearm to facilitate the commission of the offense." Once again, you will see there's a blank line where you will write did or did not, you will date this form and all 12 of you will sign it because again, any decision you reach, any verdict must be unanimous.
(02:50)
Upon completion of 1A, you will go to verdict form 2. Verdict form two reads, "We, the jury, being duly impaneled and sworn, find the Defendant guilty or not guilty of committing the offense of aggravated murder of Thomas Dean Strussion as charged in count two of the indictment." Once again, just as with verdict form one, there's a line where you will write guilty or not guilty. You will date this and all 12 of you will sign because once again, your verdict must be unanimous. That is all 12 of you must agree.
(03:28)
If you find the Defendant not guilty, you will go to verdict form three. If you find the Defendant guilty, you will go to verdict form 2A and that reads, "We, the jury, find that the state did or did not prove beyond a reasonable doubt that the Defendant had a firearm on or about his person while committing the offense of aggravated murder and used the firearm to facilitate the commission of the offense." Just as with 1A, there is a line where you will put your verdict of did or did not, you will date it and all 12 of you will sign it because again, your verdict must be unanimous.
(04:13)
The next verdict form is verdict form three, count three. "We, the jury, being duly impaneled and sworn, find the Defendant guilty or not guilty of committing the offense of aggravated murder of Angela Jo Strussion while committing, attempting to commit or while fleeing immediately after committing or attempting to commit the offense of trespass in a habitation when a person is present or likely to be present as charged on count three of the indictment." Once again, there's a line where you will write your verdict, guilty or not guilty. You will date this form and all 12 of you will sign as to what your verdict is.
(04:58)
If you find the Defendant not guilty, you'll proceed to verdict form four. If you find the Defendant guilty, you'll proceed to verdict form 3A, which reads, "We, the jury, find the state did or did not prove beyond a reasonable doubt that the Defendant had a firearm on or about his person while committing the offense of aggravated murder and used the firearm to facilitate the commission of the offense." Once again, there's a line where you will write in did or did not. You will date this and all 12 of you will sign this form as to what your verdict is.
(05:38)
Upon completion of that, you will turn to verdict form four, count four. "We, the jury, being duly empaneled and sworn, find the Defendant guilty or not guilty of committing the offense of aggravated murder of Thomas Dean Strussion while committing, attempting to commit or while fleeing immediately after committing or attempting to commit the offense of trespass in a habitation when a person is present or likely to be present as charged in count four of the indictment." Once again, a line where you will write your verdict of guilty or not guilty. You will date this form and all 12 of you will sign this as to what your verdict is.
(06:25)
If you find the Defendant not guilty, you'll proceed to verdict form five. If you find the Defendant guilty of this offense, you will turn to verdict form 4A and that reads, "We, the jury, find the state did or did not prove beyond a reasonable doubt that the Defendant had a firearm on or about his person while committing this offense of aggravated murder and used the firearm to facilitate the commission of the offense." Once again, there's a line where you will write your verdict, did or did not. You will date this form and all 12 of you will sign it as to what your verdict is.
(07:04)
Finally, you will turn to verdict form five, count five. That reads, "We, the jury, being duly impaneled and sworn, find the Defendant guilty or not guilty of committing the offense of aggravated arson as charged at count five of the indictment." Again, you will write in either guilty or not guilty as to what your verdict is. You will date this form and all 12 of you will sign it as to what your verdict is.
(07:40)
Again, in order for you to return a verdict in this case, it's necessary for all of your members to concur in the verdict. No verdict can be returned unless all 12 of your number concur or agree. Neither a verdict of guilty nor not guilty can be returned without the unanimous concurrence or agreement of all of you. When you have reached your verdicts, you will complete the verdict forms and again, all 12 of you will sign in ink. When you retire to the jury room, you will appoint one of your member as a forelady or foreman, as the case may be. The duty of this foreperson will be to preside over your deliberations. Their opinion or views are no more important than any other juror. When you agree upon a verdict, again, all 12 of your number will sign on the 12 lines provided on the verdict form and your foreperson will return the verdict forms to this courtroom and upon request of this court hand them to the bailiff. The foreperson will also return all of the exhibits to the bailiff. Your initial conduct upon entering the jury room is a matter of ...
Judge (09:00):
Conduct upon entering the jury room is a matter of importance. It's not wise to express immediately a determination to insist upon a certain verdict because if your sense of pride is aroused, you may hesitate to change your position even if you decide later that you are wrong. Consult with one another. Consider each other's views and deliberate with the object of reaching an agreement. If you can do so without disturbing your individual judgment, each of you must decide this case for yourself, but you should do so only after discussion and consideration of the case with your fellow jurors. Do not hesitate to change an opinion if convinced that it is wrong. However, you should not surrender your honest conviction in order to be congenial or to reach a verdict solely because of the opinion of other jurors.
(10:03)
Now, this court has permitted those jurors who desire to take notes to do so during this trial. No juror was required to take notes. The taking of notes was entirely a matter of personal choice for each juror. The fact that notes taken by a juror support his recollection in no way makes his or her memory more reliable than that of the jurors who did not take notes. At this time when we conclude, you're going to be permitted to take your notes with you to the jury room. All notes will be returned to the bailiff for destruction at the time the jury is discharged.
(10:46)
You are instructed that I have not intended by anything I have said or done or by these instructions I have given, to express in any way an opinion as to the existence or non-existence of the facts in this case. As I've already told you, it is the province and duty of this court to instruct you as to the law, but you are the sole judges of the facts and if any instructions I have given or anything I have said or done seem to indicate to you that I believe a particular fact to be true or not true, then you must disregard such indication and you, and you alone must determine the facts from the evidence in this case. If you have a question, it must be reduced to writing and give to the bailiff for me to review. Keep in mind though, there are some questions I cannot answer. And however, all of the instructions that you'll be taking back with you in the jury room should have the answer to any question that may arise.
(11:53)
I will now place in your possession the verdict forms and the exhibits. And to the original 12 jurors, are you all able to proceed at this time to deliberate in this case? Let me rephrase that. If there's any one of you that cannot, please raise your hand. All 12 have indicated they can deliberate.
(12:21)
Jurors 82 and 86. As I've watched over the jury, you knew what your role was starting here, that you were an alternate. But again, upon my viewing of you, you took this job extremely serious. You've paid attention throughout the entire course of the trial, knowing that you may not be able to participate in the deliberations. At this time, with all 12 being able to proceed to deliberate, you're going to be released from your obligation as a juror. Now, you are free to remain in the courtroom if you choose. You are free to leave if you choose. If you want contacted by the bailiff upon the jury reaching a verdict, you can provide your cell phone and Mr. Gortz will contact you. As soon as a verdict is rendered in this case, you are released of the order about having discussions on this. But until such time as that verdict is rendered, all those orders remain in place because if something happens, you could be called back here.
(13:28)
So you are to have no discussions with anyone. You're not to do any independent research. You're not to post anything online and you're not to post anything, you're not to view any media stories as well. And you leave here with the thanks of this court and both parties. You've given it a significant period of your life to be here. And without people like you willing to undertake this obligation, our criminal justice system does not work. So thank you very much and you are excused at this time. And included in that order about having no discussions, that obviously includes you're to have no discussions with anybody as to what your verdict would've been. Again, all those orders are removed once verdicts are rendered in this case.
(14:23)
So thank you both. And Mr. Gortz, you can escort them if they have anything in the jury room as well as get any contact information.
Mr. Gortz (14:30):
Yes, Your Honor.
Judge (14:43):
Everyone can be seated. Ladies and gentlemen, it's just going to be a minute. We're going to allow them to get the things out of there. You're going to go back there to the jury room. It's going to take a few minutes for us to get all the exhibits to you, the verdict forms. You have my charge to you, that is the instructions of law, and you have the last preliminary instructions I gave you as well. You're free to reference them throughout your deliberations. So I'm going to release you to that jury room as soon as we have Mr. Gortz back in this courtroom. Mr. Gortz, are you ready to escort the jury to the jury room?
Mr. Gortz (16:00):
Yes, sir.
Judge (16:01):
All right. You are excused. We are outside the presence of the jury. Once again, any issues the State of Ohio needs to address?
Speaker 1 (16:37):
No, Judge.
Judge (16:37):
Mr. Shamansky?
Mr. Shamansky (16:38):
No, sir. Thank you.
Judge (16:39):
Do we have all the exhibits that's been agreed to by the parties that is agreed to be admitted into evidence put together?
Speaker 1 (16:48):
Judge, there's three parts of that. There's actual physical exhibits, items. There's a binder that contains some printed documents, and then there's the flash drive or hard drive with digital evidence. I think the hard drive and the binders are ready. I'm not sure if they've got all the physical exhibits quite ready, but that will be ready very shortly if not.
Judge (17:09):
All right. Mr. Mr. Shamansky, as they're putting that together, will you review that to make sure?
Mr. Shamansky (17:13):
We will, so we'll make sure collectively there are no mistakes.
Judge (17:15):
Okay. And I have the verdict forms to go back with them. Is there anything else that needs addressed?
Speaker 1 (17:20):
I don't think so. Thank you, Your Honor.
Mr. Shamansky (17:22):
No, Judge.
Judge (17:23):
Okay. Then the court will be in recess at this time.
(17:27)
Mr. Barnes?
Kristy (17:33):
All rise.
Judge (17:36):
Please, everyone, be seated.
(17:45)
Kristy, you ready?
Kristy (17:45):
Yes.
Judge (17:46):
All right. Colton case, State of Ohio versus Andrew Griffin. Mr. Griffin is present in the courtroom with his attorneys. The State of Ohio is present. We are outside the presence of the jury. I have been advised that verdicts have been reached before the jury's brought in.
Judge (18:00):
... Have been reached before the jury's brought in. I first want to applaud everyone seating in the gallery for your behavior during this trial. You have conducted yourself with the utmost dignity, giving these proceedings the respect that they deserve. My request is that your behavior continue as I read these verdicts. There are to be no celebrations. There is to be no outcry or expressions of outrage while this court is in session. You may bring in the jury. Everyone please be seated.
(19:28)
Ladies and gentlemen of the jury, have you selected a foreperson?
(19:32)
All right. Juror number 49. You can speak up.
Juror 49 (19:36):
Yes.
Judge (19:36):
Okay.
(19:38)
Has the jury reached a verdict as to all of the counts?
Juror 49 (19:42):
Yes.
Judge (19:42):
All right.
(19:42)
Mr. Gorantz, if you'll take receipt of those verdict forms. Mr. Griffin, if you'll stand at this time, sir.
(20:19)
In regards to verdict form one, count one, we the jury being due [inaudible 00:20:24] find the defendant guilty of committing the offense of aggravated murder of Angela Jo Strussion as charged in count one of the indictment. That verdict form is executed by all...
(20:40)
Verdict form 1A, count one. We the jury find that the state did prove beyond a reasonable doubt that the defendant had a firearm on or about his person while committing the offense [inaudible 00:20:54] firearm to facilitate the commission of the offense.
(20:59)
Verdict form 1A is executed by all 12 jurors.
(21:03)
Count two, we the jury being duly impaneled and sworn find the defendant [inaudible 00:21:10] of aggravated murder of Thomas Steed Strussion as charged in count two of the indictment executed by all 12 jurors.
(21:21)
Verdict form 2A. Count [inaudible 00:21:24] find the state did prove beyond a reasonable doubt that the defendant had a firearm, [inaudible 00:21:32] committing the offense aggravated murder and used the firearm [inaudible 00:21:39] offense.
(21:40)
Verdict form 2A is executed by all 12 jurors.
(21:46)
Verdict form three. We, the jury, being duly impaneled and sworn, find the defendant guilty of committing the offense of aggravated murder [inaudible 00:21:59] while committing, attempting to commit or while fleeing [inaudible 00:22:04] or attempting to commit the offense of trespass in a habitation when a person is present or likely to be present as charged in count three of the indictment [inaudible 00:22:18] by all 12 jurors.
(22:22)
Verdict form 3A. We the jury find the state did prove beyond a reasonable doubt that the defendant had a firearm on or about his person while committing the offense, aggravated murder and used the firearm to facilitate the commission of the offense.
(22:40)
Verdict form 3A is executed by all 12 jurors.
(22:46)
Verdict form four. Count four. We the jury being duly impaneled and sworn find the defendant guilty of committing the offense of aggravated murder of Thomas Steed Strussion while committing, attempting to commit or while fleeing immediately after committing or attempting to commit the offense of trespass and a habitation when a person is present or likely to be present as charged in count four of the indictment.
(23:16)
Verdict form four has been executed by all 12 jurors.
(23:21)
Verdict form 4A, count four. We the jury find that the state did prove beyond a reasonable doubt that the defendant had a firearm on or about his person while committing the offense, aggravated murder and used the firearm to facilitate the commission of the offense. Verdict form 4A has been executed by all 12 jurors.
(23:45)
Verdict form five. We the jury being duly empaneled and sworn find the defendant guilty of committing the offense of aggravated arson as charged in count five of the indictment. That verdict form five has been executed by all 12 jurors.
(24:03)
Mr. Griffin, you may be seated with counsel.
(24:06)
Mr. Shamansky, are you requesting that the jury be polled?
Mr. Shamansky (24:10):
Judge, if you don't mind, you can do it en masse. You don't have to go through each form and count.
Judge (24:18):
I can combine them all as question to each juror.
Mr. Shamansky (24:21):
Yes, You Honor. Please.
Judge (24:44):
That was short.
(24:44)
All right. I'm going to start in the front row. You are juror number 30, correct?
Juror 30 (24:48):
Correct.
Judge (24:49):
Ma'am, is it your verdict that Andrew Griffin is guilty in count one of aggravated murder of Angela Jo Strussion as charged in count one of the indictment and that the state did prove beyond a reasonable doubt the firearm specification and guilty verdict in count two, verdict form two, that Mr. Griffin is guilty of committing the offense of aggravated murder of one Thomas Steed Strussion and also finding that the state did prove beyond a reasonable doubt that the firearm specification and guilty in count three of aggravated murder of Angela Jo Strussion in regards to the offense of trespass and a habitation when a person is present or likely to be present as in count three and finding that the state did prove beyond a reasonable doubt the firearm specification with that offense. And the finding of guilty in verdict form four, count four, that the defendant is guilty of committing the offense of aggravated murder of Thomas Steed Strussion while committing the offense of trespass and a habitation when a person is present or likely to be present and also finding that the state did prove beyond a reasonable doubt that the firearms best prove beyond a reasonable doubt the firearm specification attached to that guilty finding and finding him guilty of committing the offense of aggravated arson.
(26:25)
Are those all of your verdicts?
Juror 30 (26:28):
It is, Your Honor.
Speaker 2 (26:29):
Your Honor, may Mr. Dowdy take one second please.
Judge (26:31):
Yes.
(26:45)
Question, did you hear me read all the verdicts?
Speaker 3 (26:47):
Yes, sir.
Judge (26:48):
Are those your verdicts?
Speaker 3 (26:50):
Yes sir.
Judge (26:50):
Thank you.
(26:51)
Juror number 49, the same questions. All those verdicts that I read, are they your verdicts?
Juror 49 (26:58):
Yes.
Judge (26:59):
All right. Juror number... Can't read my own writing. 50?
Juror 50 (27:03):
Yes-
Judge (27:00):
Juror number... Can't read my own writing... 50?
Juror 50 (27:03):
Yes.
Judge (27:04):
You heard me read all of those verdicts?
Juror 50 (27:06):
Yes, Sir.
Judge (27:07):
Are they your verdicts?
Juror 50 (27:08):
Yes, Sir.
Judge (27:10):
Juror number 55, you heard me read all the verdicts?
Juror 55 (27:14):
Yes, Sir.
Judge (27:15):
Are those your verdicts?
Juror 55 (27:17):
Yes, Sir.
Judge (27:18):
Juror number 68, you heard me read all of the verdicts?
Juror 68 (27:21):
Yes.
Judge (27:22):
And the specifications too, and that will apply to everyone. Are those your verdicts?
Juror 68 (27:28):
Yes, Sir.
Judge (27:30):
Juror number 28, you heard me read all the verdicts, including the findings on the specifications. Are those your verdicts?
Juror 28 (27:37):
Yes, sir.
Judge (27:39):
Juror number 25, you heard me read all the verdicts?
Juror 25 (27:42):
Yes, Your Honor.
Judge (27:43):
And the findings on the specifications. Are those your verdicts?
Juror 25 (27:47):
Yes, Your Honor.
Judge (27:49):
Juror 23?
Juror 23 (27:53):
Correct.
Judge (27:54):
You heard me read all of the verdicts and the findings on the specifications. Are those your verdicts?
Juror 23 (28:01):
Yes, sir.
Judge (28:03):
Juror number 21, you heard me read all of the verdicts as well as the findings on the specifications. Are those your verdicts?
Juror 21 (28:11):
Yes, Sir.
Judge (28:14):
Juror number 20, you heard me read all of the verdicts and the findings on the specifications. Are those your verdicts?
Juror 20 (28:21):
Yes, sir.
Judge (28:22):
Juror number 15, you heard me read all of the verdicts and the findings on the specifications. Are those your verdicts?
Juror 15 (28:30):
Yes, Your Honor.
Mr. Shamansky (28:32):
So satisfied. Thank you, Your Honor.
Judge (28:33):
All right. Mr. Vavra, may this jury be released?
Assistant Prosecutor Joseph Vavra (28:38):
Yes, Sir.
Judge (28:38):
Mr. Shamansky?
Mr. Shamansky (28:43):
Yes. Thank you, Your Honor.
Judge (28:43):
Ladies and gentlemen of the jury, you gave a significant amount of your time to participate as jurors in this trial. As I watched over you during this trial, all of you were attentive, giving this case the attention it deserves, and that's probably one of the reasons why you were all selected to serve as jurors in this case. You leave here with my complete thanks as well as the thanks of the parties. Again, you gave so much of your time and I hope you leave here with the understanding that without people like you willing to give of that time and to put in the effort you did, our criminal justice system does not work. So I'm going to ask you to retire to the jury room and I'm going to ask you to remain there just a little bit longer and then you'll be released. Thank you. Mr. Shamansky?
Mr. Shamansky (30:07):
Sir, thank you, Your Honor. It's my understanding the court wishes to set a date for sentencing?
Judge (30:12):
I do. I am going to order a victim impact statement as well as a pre-sentence investigation. I would like to have that information before I oppose any sentence because this is... As we had previous discussions, the court has to consider the sentencing factors as it has options as to what sentence it can impose.
Mr. Shamansky (30:31):
And we fully appreciate and understand that, Judge. So at the conclusion with the help of your [inaudible 00:30:37], we'll get a date picked.
Judge (30:39):
All right. And we can do that now if you have your calendars available. The individual who undertakes the pre-sentence investigation will need at least two weeks to undertake that. I'm looking, first week, I have time Tuesday, November 24th at 1:30. The next time would be Tuesday, December 1st at 1:30.
Mr. Shamansky (31:11):
December 1, Your Honor, did you say?
Judge (31:14):
Yes, that's a Tuesday.
Mr. Shamansky (31:25):
Let's do the 24th, Sir, if that's okay with the State.
Assistant Prosecutor Joseph Vavra (31:33):
That is good for the State, Judge.
Judge (31:34):
Then sentencing will be held in this courtroom on Tuesday, November 24th.
Mr. Shamansky (31:39):
Your Honor, hold on. I'm terribly sorry. I misspoke, Your Honor. I'm sorry. We have a trial in front of Judge Costello in Madison County that day that's going on the 23rd and I don't think it'll be done at midday. So December 1st.
Judge (31:59):
Will that meet with the State of Ohio?
Assistant Prosecutor Joseph Vavra (32:04):
Yep. That's good, Judge.
Judge (32:05):
Then sentencing will be held in this courtroom on Tuesday, December 1st at 1:30 PM. I am ordering a victim impact statement and the State of Ohio will address that.
Assistant Prosecutor Joseph Vavra (32:16):
Yes, Judge.
Judge (32:18):
And again, I'm ordering a pre-sentence investigation as well. Are there any outstanding issues at this time that the State of Ohio needs addressed?
Assistant Prosecutor Joseph Vavra (32:28):
No, Judge.
Judge (32:29):
Mr. Shamansky?
Mr. Shamansky (32:29):
No. Thank you, Sir.
Judge (32:30):
Okay. Mr. Griffin shall continue to be held without bond until such time as he is sentenced. And Mr. Griffin, the individual who's conducting that pre-sentence investigation is going to reach out to you. The reason is you have a right to put a statement into that report if you choose. You're not penalized if you decline to do so, I just want to make sure you understand you have that right. And on December 1st, before any sentence is imposed, you will have the right to make a statement if you choose. Again, not penalized in any way if you decline to do so, I just want you to make sure you understand you have those opportunities. Do you understand?
Mr. Griffin (33:08):
Yes, Your Honor. Thank you.
Judge (33:09):
All right. With no other issues from either party, the court will be in recess at this time.