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Updated November 15, 1999, 5:53 p.m. ET.

Still no verdict in 13-year-old's murder trial

           
THE NATHANIEL ABRAHAM TRIAL

            >>>> Background

>>>> Oct. 19 Update (Jury Selection)

>>>> Oct. 21 Update

>>>> Oct. 22 Update

>>>> Oct. 28 Update

>>>> Oct. 29 (Opening Statements)

>>>> Oct. 29 Update (Evening)

>>>> Nov. 1 Update (Morning)

>>>> Nov. 1 Update (Evening)

>>>> Nov. 2 Update (Morning)

>>>> Nov. 2 Update (Evening)

>>>> Nov. 3 Update

>>>> Nov. 4 Update

>>>> Nov. 5 Update (Morning)

>>>> Nov. 5 Update (Evening)

>>>> Nov. 8 Update (60 Minutes Interview)

>>>> Nov. 8 Update (Morning)

>>>> Nov. 8 Update (Evening)

>>>> Nov. 9 Update (Both sides rest)

>>>> Nov. 10 Update (Closing Arguments)

>>>> Nov. 11 Update

>>>> Nov. 15 Update (Jury Deliberations)

>>>> Nov. 16 (The Verdict)

>>>> Jan. 12 Update

>>>> Jan. 13 Sentencing

>>>> Text of Abraham's Sentence
>>>> Special Report: Michigan Juvenile Law

PONTIAC, Mich. (Court TV) — Both prosecutors and defense attorneys continue to await a verdict anxiously as a Michigan jury completed a third day of deliberations — nearly 14 hours — Monday without reaching a decision in 13-year-old Nathaniel Abraham's trial.

Jurors are trying to decide whether Abraham is guilty of first-degree murder in the 1997 shooting death of Ronnie Greene, Jr. Abraham was only 11 when he was charged with first-degree murder under a controversial Michigan law that allows children under age 17 to be tried as adults. The defense contends that the 1997 shooting death of Ronnie Greene, Jr. was an accident. But, prosecutors stress that Abraham, who was suspected in 22 previous crimes, had told others that he wanted to shoot someone and had practiced using the gun in the days before the shooting.

In addition to first-degree murder, Abraham is charged with assault with intent to murder and two counts of felony firearm possession. In their deliberations, jurors also have to consider a series of lesser included charges: second-degree murder; involuntary manslaughter, careless discharge of a firearm; intentional aiming of a firearm; assault with intent to commit great bodily harm; and felonious assault.

On Monday, the jury sent out one note during their lunch break. It asked whether intent to create a risk of great bodily harm or death infers that Abraham knew the consequences of his actions. Judge Eugene Moore only reminded jurors that to reach a conviction, each element of each charge must be proven beyond a reasonable doubt.

When jury deliberations began last Wednesday, jurors made three requests. They wanted to review the testimony of Abraham's neighbor Michael Hudack; they wanted to examine the bullet that killed Greene; and they wanted a blown-up diagram of the area where Abraham allegedly shot at Hudack. The judge told jurors the court does not do readbacks, so they would have to rely on their collective memory. (Jurors are not allowed to take notes.) The judge also ordered that jurors be given all the evidence, not just the requested items.

In addition to claiming the shooting was an accident, Abraham's defense has argued that he was too mentally and intellectually challenged to form an intent to kill. Defense attorney Geoffrey Fieger said evidence has shown that his client is not a normal child and has a 75 IQ.

If convicted, the judge has three sentencing options for Abraham: sentence him as an adult to life without parole; sentence him as a juvenile with penalties ranging from probation to incarceration at a juvenile facility until his 21st birthday; or impose a conditional juvenile sentence, reserving the option to sentence Abraham as an adult if he fails to fulfill the judge's terms. If there is a conviction, prosecutors say they will seek the blended sentence that would have him incarcerated in a juvenile facility until age 21.

— Bryan Robinson

   

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