Mullins-Johnson: Chronical Of An Inexorable Rush To Judgment: Part Two;

"TONIGHT THERE IS NO ROOM AT THE INN, EITHER THE HOLIDAY INN OR THE QUALITY INN, AND I AM PERSONALLY NOT SATISFIED WITH THE ACCOMMODATION WHICH HAS BEEN RESERVED FOR YOU BUT THE STAFF HAVE ADVISED ME THAT IT IS THE BEST AVAILABLE, PROBABLY THE ONLY AVAILABLE."

SUPERIOR COURT JUSTICE BRUCE NOBLE;

William Mullins-Johnson was the victim of a rush to justice at the autopsy conducted on his 4-year-old niece Valin Johnson and a premature arrest.

The transcript of his trial - which began on Sept. 6, 1994 and ended on Sept. 1994 -indicates that he may have been the victim of another rush to judgment - a jury anxious to return a verdict because they were told by the judge, "There is no room at the Inn." (See earlier posting: Mullins-Johnson: Chronicle of An Inexorable Rush To Judgment (Part One);

Superior Court Justice Bruce Noble allowed the jury to retire to consider their verdict at 12.35 p.m. on September the 21st;

Later that day (at 8.00 p.m), Noble informed Court that he was going to have the jury in "and have a very quiet chat with them," adding, "but I am not going to exhort them in any definitive way. I think I should probably try and encourage them a little bit."

After the jurors were brought into the courtroom, Noble told them: "You have now deliberated for four hours and it seems you are having some modest difficulty in reaching an agreement as to your verdict, and I have asked you to return to the courtroom because I would like to speak to you just very briefly."

"I am sure you all realize it is desirable for you to arrive at a verdict on the count before you because if you fail to do so it Will simply mean that a new trial will beheld, and for these reasons it is important that you agree if you can honestly do that."

Noble reminded them to provide court staff with a list of items they would like to have picked up from their homes, "in the event that you are required to be accommodated overnight."

This humble bloggist cannot understand why a judge would raise with the jurors the prospect that they might be having difficulty in reaching a unanimous verdict after only hours of deliberations on a first-degree murder trial that has been proceeding over the previous two weeks.

I also can't understand why the judge would not have exhorted the jury to deliberate as long as necessary to ensure that they don't convict an innocent man.

It gets worse.

Noble then tells them that he cannot provide them the best accommodation over night because, "there is no room at the Inn," and that the Court will retire at about 9.00 p.m. for the evening.

The jurors returned to Court with their unanimous verdict of first-degree murder two hours and two minutes later. (At 10.02. p.m);

Within the next five minutes, after the jury was polled, Mullins-Johnson was ordered to stand up and heard Noble pronounce the words, "The Criminal Code provides that in respect of a person who has been convicted of first-degree murder that he be sentenced to prison for life without eligibility for parole until he has served twenty-five years of his sentence, and so I sentence you."

Here are the relevant portions from the transcript;

Justice Noble: "In that regard (the possibility of having to stay over night) no doubt all of you have heard the expression "there was no room at the Inn."

It is my standing instruction, having regard for the comfort of jurors, which is my responsibility, that the best available overnight accommodation be reserved for the jurors who are working with me on a case and who require me to be sequestered overnight.

Tonight there is no room at the Inn, either the Holiday Inn or the Quality Inn, and I am personally not satisfied with the accommodation which has been secured for you but the staff have advised that it is the best available, probably the only available.

The Algoma Tour Train visitors have booked and over-booked virtually all of the accommodation in the City, as far as Thessalon, and even North of the City within driving distance, and I know that because of the supper time I was concerned, I personally called over a dozen hotels and motels to check the availability of accommodation.

I hope you are comfortable. I apologize in advance for any personal discomfort you may face..."

Why the indecent haste?