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Updated Oct. 24, 2007, 10:37 a.m. ET
Verdict reached in case of man accused of killing friend on Lake Erie


PORT CLINTON, Ohio — A jury reached a verdict Tuesday in the trial of an Ohio man who is accused of pushing his best friend off a boat in the middle of Lake Erie.

The panel of nine women and three men reached the verdict after deliberating for eight hours and 35 minutes over two days. The verdict was sealed and not read in court because Visiting Judge Richard Markus was not available.

Markus was available via teleconference to discuss the jury's notes with lawyers. The verdict will be read in Ottawa County Court on Wednesday at 8:30 a.m.

Scott Speer, 42, is accused of killing James Barnett, 39, near Mouse Island on Aug. 6, 2002. The two had been friends since they were teenagers, and Barnett worked for Speer at his plastics company. (MAP)

Speer is charged with murder, aggravated murder, involuntary manslaughter and aggravated vehicular homicide. He faces life in prison if convicted of all charges.

The jury had the option of marking "guilty" or "not guilty" next to each of the four charges. Markus also told them that if they could not reach a decision on a charge, they were to leave the space next to it blank.

Prosecutors presented two theories about what happened the night Barnett died: Either Speer pushed Barnett off the boat, or he was piloting the boat so recklessly in rough weather that Barnett was thrown into the water. In either case, they said, Speer should be held accountable for his death.

William Seese, who described himself as a recovering drug addict, supported the first theory. He testified that a year after Barnett's death, Speer confessed to him that he had pushed his friend off the boat.

Defense attorney Russell Buzzelli attacked Seese's credibility, pointing out that he admitted being high on Vicodin at the time of Speer's alleged confession.

Ottawa County Assistant District Attorney Lorrain Croy called several accident-reconstruction experts who said they believed Speer was driving his boat recklessly the night Barnett went overboard, speeding at 39 mph in rough waves and high winds.

Calling those experts' testimony "guesstimony," Buzzelli said the boat actually was in neutral right before Barnett went overboard. He fell into the water because he refused to obey Speer's directions to sit down as a wave crashed into the side of the boat, the lawyer said.

Buzzelli had asked Markus at the end of the state's case on Friday and again before closing arguments Monday to dismiss the charges of aggravated murder and murder.

Markus denied the motions both times, but said he had "considerable doubt" about the aggravated murder charge, which requires the jury to find that Speer engaged in "prior calculation and design" for them to reach a guilty verdict.

Members of the Barnett family told Court TV they attended the trial to keep his spirit alive.

"If the world had more Jimmies, it would be a much better place," said Michelle Barnett, his niece. "We miss him so bad, every time we come out here and we pass that water — it hurts so bad. [Speer] doesn't know the pain he's caused my family."



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