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Jurors struggling with verdict in surfer's death


UNION-TRIBUNE STAFF WRITER

November 18, 2008

SAN DIEGO COURTS – Jurors announced yesterday that they were unable to reach a verdict on a murder charge against Seth Cravens in the beating death of a La Jolla surfer.

Jurors said they were split 11 to 1, but did not disclose whether they were leaning toward conviction or acquittal. They are expected to resume deliberations today.

The panel announced it had reached unanimous decisions on other charges in the case, including several counts of assault and misdemeanor battery. However, those verdicts were not revealed.

San Diego Superior Court Judge John Einhorn asked the panel whether any additional instructions would help the deliberations. Three jurors said they wanted clarification on terms discussed in the case.

The judge asked the jury to submit their questions, which focused on the definition and legal elements of second-degree murder, in writing.

Einhorn sent a note to the jurors, which he did not reveal in open court. His comments indicated he would refer them to the original jury instructions.

The judge said he would announce the verdicts on the other charges today. If the jury remains deadlocked on murder, he would likely declare a mistrial, leaving prosecutors to decide whether to retry Cravens on that charge.

Prosecutors argued during the two-week trial that Cravens, 22, was among a group of men who attacked Emery Kauanui on May 24, 2007, during a fight outside his mother's La Jolla home.

Cravens punched Kauanui, 24, knocking him to the pavement. Kauanui suffered suffered a skull fracture and died later at a hospital.

The defense argued that Cravens acted in self-defense.

Jurors in the case are allowed to consider lesser offenses of voluntary and involuntary manslaughter, but only if they acquit Cravens of second-degree murder.

The panel started deliberating a week ago.


Dana Littlefield: (619) 542-4590; dana.littlefield@uniontrib.com


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