THE JURY SYSTEM IN MINNESOTA RUN AMOK.

THE KUHNS REPORT

Hello America, and how is the world treating you?

Former Minnesota Gov. Jesse Ventura won a $1.8  MILLION DOLLAR award after a two-year fight with the estate of author Chris Kyle  who penned, "American Sniper," who was killed last year in Texas. Kyle was reputed the deadliest sniper in U.S. Military history. Ventura sued for defamation after Kyle mentioned a fight in a bar and said Ventura bad-mouthed the Navy Seals.

My problem  is with the verdict and the state of the judicial and jury system in Minnesota. The jury deliberated for five days before telling the judge that they could not reach a verdict, but were told by the judge to keep trying. Now get this: --- the attorneys from both sides agreed to allow a verdict if eight of  ten jurors agreed. Can you imagine that, folks? Usually a jury comes back with a verdict for the prosecution or defense or a deadlock.

How the hell could the court allow the jury to make a decision with eight out of 10 jurors. Talk about  "justice being blind." What was the judge thinking to allow such an agreement? Did he and/or the attorney's have to attend a ball game, have  a date, a family dinner? What?

I submit, that if a FULL paneled jury cannot make up their mind in a case and are deadlocked then, hey--- a mistrial. Then the parties can decide whether they want to go through another trial again.

But 8 out of 10 jurors? Come on! Why didn't the judge and attorneys  try cases saying if five (5) of the jurors agree the case will be settled. Or, if only two (2) jurors agree the case will be settled.

John Borger, an attorney for the Kyle estate was questioned about why he agreed to a non unanimous  verdict when the jury was close to being hung: "That was a "strategic" call, which seemed appropriate at the time." Really? What's so strategic about not wanting a full jury to decide? Make's one wonder, doesn't it?

The jury was instructed that Ventura had to prove that Kyle either knew or believed what he wrote was untrue, or that he harbored serious doubts about the truth.

Folks, defamation is  a hard climb up a hill to prove and why the court and attorneys allowed this jury verdict is beyond me.

I would bet that the Kyle estate has a great, if not excellent,  grounds for appeal. Oh well, our justice system at work, people. - And, that's my opinion. Make your own decisions, You decide.

Bradley W. Kuhns, Ph.D., O.M.D.
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Dr. Kuhns can be reached by email at:
bradleykuhns@gmail.com