Senser trial jurors told judge they believed Amy

12:29 PM, May 12, 2012   |    comments
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MINNEAPOLIS -- The jury of Amy Senser's peers was asked to decide her fate based on the legal verbiage that makes up what is criminal vehicular homicide.

Last week they found Senser guilty of two felony counts of criminal vehicular homicide; the first for not stopping at the scene of the crash that killed Anosone Phanthavong and second for not reporting it in the quickest means possible.

But early Thursday morning KARE 11 learned that jury did something else; they handed the judge a note before announcing their verdict that read:

"Can this be read in the court room in front of Ms. Senser? We believe, she believed she hit a car or a vehicle and not a person."

Hamline University law Professor Joe Daly said those 28 words in his mind should change Amy Senser's fate.

"I would reverse it if I was an appellate judge based on this note," Daly said.

No one can say, other than those jurors, why they submitted that note to the judge before a verdict was read.

It's possible they wanted Amy Senser to know that they believed part of her story, that she did not know she hit a person that night.

"I can completely understand it. It is painful to judge a fellow human being when you know that some very serious consequences are going to come to that person based on your judgment," Daly said.

The judge did not read the note in open court and in a letter to Senser's attorney and the prosecutor he said he felt the note was administrative in nature and that its contents did not impeach the verdict.

On the latter, Professor Daly disagrees.

"I think it does impeach the verdict of the jury and it raises a question as to whether or not she was even charged correctly," Daly said.

This case, this letter, the verdict, all of it now under the microscope of justice yet again.

Justly or unjustly may again have to be decided in court.

"This note will be front and center; this will be the main point of the appeal," Daly said.

(Copyright 2012 by KARE 11. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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