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Cooper Trial: Partial Verdict: Not Guilty of Murder, Aggravated Manslaughter

 

By Lauren Suit

Thursday, Dec. 18
COURT HOUSE — The jury in the Seth Cooper murder trial on Thursday, Dec. 18 returned a partial verdict and found Seth G. Cooper not guilty in the murder of John Cavicchio III.
Superior Court Judge Raymond Batten was about to rule for a mistrial in the case when the jury of six women and six men communicated to the court that they were unable to reach a unanimous verdict.
First Assistant Prosecutor J. David Meyer and defense attorney John Tumelty had argued the possibility of the jury returning a partial without coming to an agreement. However, when Batten was about to rule for a mistrial, Tumelty asked the court if he could consult with his client, Cooper, over whether to accept the partial verdict “blindly”, meaning the court could not poll the jury about specific verdict questions.
After a ten minute break, Cooper and Tumelty returned to the court room and agreed to the state’s terms for reading a partial verdict.
Cooper kept his eyes on the table before him, only glancing up occasionally, as the partial verdict was read by the jury foreperson.
On murder in the first degree: not guilty.
In relation to that murder count, the jury also found him not guilty on passion provocation and not guilty on aggravated manslaughter. However the jury could not reach a unanimous verdict on reckless manslaughter.
On count the count of attempted murder: not guilty.
For the count of possession of a weapon for unlawful purpose: guilty.
For the count of unlawful possession of a weapon: guilty.
For the count of hindering apprehension: not guilty.
Cooper was found guilty of a lesser count of accomplice liability.
Because of the jurors’ inability to reach a unanimous verdict on the reckless manslaughter count, Judge Raymond Batten called a mistrial in regard to that specific charge.
Batten dismissed the jury, and thanked them for their service and sacrifice.
John Cavicchio’s mother was present, as she had been since the beginning of this case, and was visibly upset by the decision reached by the jury.
A pre-trial conference in regards to the remaining reckless manslaughter charge was scheduled for Jan. 22. Cooper will not be sentenced until that charge is retried and a verdict returned.


Wednesday, Dec. 17
COURT HOUSE — The jury retired shortly after 4 p.m. after spending the day deliberating the fate of Seth G. Cooper, on trial for the slaying of John Cavicchio III on Dec. 10, 2006.
They will resume their work at 8:30 a.m. Thursday, Dec. 18.
After spending a morning in deliberations with one newly-seated juror, the jury in the Seth Cooper murder trial told Judge Raymond Batten they were unable to return a unanimous verdict.
The instructed them that they were in deliberations for less than one day with a reconstructed jury, and asked that they continue to consider the matters before them.
“No reasonable jury is that period of time, one day, could be expected to reach a unanimous verdict,” said Batten.
He urged them to listen to each other as they returned to the jury room.
That jury is weighing five charges: murder, attempted murder, possession of a weapon, possession of a weapon for an unlawful purpose and hindering apprehension.
Tuesday, Dec. 16
Superior Court Judge Raymond A. Batten denied First Assistant Prosecutor J. David Meyer’s request on Tuesday Dec. 16 for a mistrial after one juror in the murder trial of Seth Cooper did his own investigative work outside of court over the weekend.
The juror had driven to the scene of the Dec. 10, 2006 shooting on Pennsylvania Avenue and tested, with his own vehicle, how long it would take a car to travel the distance from the graveyard to Newark Road going 45 miles per hour. His conclusions he then shared with the other members of the jury.
Batten said the juror’s actions directly violated the promise to decide the case based solely on what was seen and heard in the context of the trial in the courtroom. The judge dismissed the juror on the basis of his misconduct, but opted not to hold him in contempt.
An alternate juror was chosen to fill the vacated seat and the remaining 11 jurors told Batten this morning they could continue and disregard the dismissed juror’s comments.
They also confirmed that they could begin deliberations anew.
Later in the afternoon the jury requested Batten to explain facets of self-defense, which Cooper claimed in the slaying of John Cavicchio III Dec. 10, 2006, and recklessness.
For continuing trial updates, go to the Herald’s Web site, capemaycountyherald.com.

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