TROY — After listening to seven days of testimony and closing arguments, the jury in Flynn’s aggravated murder trial deliberated for about two hours and 15 minutes before delivering “guilty” verdicts across the board.
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“I would interpret it that they were absolutely, all of them were absolutely, totally convinced of guilt to come back that fast on an aggravated murder case,” Tom Hagel said.
Hagel, a professor of law emeritus at the University of Dayton School of Law, spoke Wednesday about the speed of deliberation and Flynn’s defense team saying right after the verdict that they plan to appeal.
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“Appeals are common, but in criminal cases, winning on appeal is very uncommon,” he said.
Hagel says that’s because in an appeal the defendant has to prove any mistakes were so bad they unfairly prejudiced the defendant’s case.
Hagel says that’s a heavy burden to meet.
“Keep in mind the Constitution guarantees all of us a fair trial, not a perfect trial,” he said.
Flynn’s legal team gave some insight Tuesday into the argument for the basis of their appeal.
“The question is whether or not there was sufficient evidence in this particular case,” Patrick Mulligan, Flynn’s attorney, said Tuesday.
Hagel says that argument will be an uphill climb on appeal, from a defense team that chose not to put on a case at trial.
“It makes it even harder for a defendant when, on sufficiency of evidence, when it comes their turn to put on their case, and they don’t put on a case. They don’t call witnesses. It makes their appeal much more difficult,” he said.
Flynn’s lawyers will have to file their appeal within 30 days of his sentencing on Monday.
Their first stop would be the state appeals court in Dayton.
News Center7 asked the Miami County Prosecutor’s Office about the defense’s plans for an appeal today.
The office said, “No comment.”
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