Name That Felony

I'm curious to know about the 7 jurors who found Jodi guilty both premeditated and felony murder. What did they consider as the felony? Please share any thoughts with me on twitter at @chrisbr40 where I started this discussion.

Let me start by saying that I'm happy with the verdict and I'm not trying to say that these jurors are wrong, I'm just not sure I could come to the same conclusion based on the jury instructions and curious to know what they felt was the felony. I expect we will hear from these 7 jurors someday soon and hopefully they will explain.

Until then I can't stop wondering about it and so I checked those jury instructions and read the section on felony murder that I have quoted below and taken from Final Jury Instructions posted by @WildAboutTrial at Wild About Trial website.

The only point that a juror would need to decide on, in my opinion, is whether or not Burglary in the Second Degree occurred on June 4, 2008 when she killed Travis and this, according to the jury instructions which requires two parts: the "remained unlawfully" in part 1 "and 2. Did so with the intent to commit any theft or felony therein."

I don't think that Jodi had any "intent" to steal, whether or not we believe that the gun she used was in Travis' home and that she took it. Jodi's theft of her grandparents gun would be a separate crime, as I understand it and not a part of the charges in this trial.

I would have a problem finding for felony murder because of that word "intent" in the second requirement and that both parts need to be satisfied. Maybe this was a problem for the 5 jurors who only found premeditation?

What do you think? Can you name that felony? @chrisbr40

The jury instructions read:

"CHARGED OFFENSE – FELONY MURDER

As stated earlier, Count 1 also charges defendant with First Degree Felony Murder. The crime of First Degree Felony Murder requires the state to prove the following two things:

1. The defendant committed or attempted to commit Burglary in the Second Degree; and

2. In the course of and in furtherance of committing Burglary in the Second Degree, or immediate flight from it, the defendant caused the death of any person.

An “attempt” requires the state to prove that the defendant intentionally did something which, under the circumstances she believed them to be, was a step in a course of conduct planned to culminate in the commission of the offense.

The crime of Burglary in the Second Degree requires proof that the defendant:

1. Entered or remained unlawfully in or on a residential structure; and

2. Did so with the intent to commit any theft or felony therein.

Residential structure means any structure, movable or immovable, permanent or temporary, that is adapted for both human residence and lodging whether occupied or not.

“Intentionally” or “with the intent to” means, with respect to a result or to conduct described by a statute defining an offense, that a person’s objective is to cause that result or to engage in that conduct. There are no lesser included offenses for First Degree Felony Murder.

In order to find defendant guilty of Count 1, it is not necessary that you be unanimous with respect to whether the Defendant is guilty of First Degree Premeditated Murder or First Degree Felony Murder. The only requirement is that you be unanimous that the Defendant is guilty of First Degree Murder, which can be either First Degree Premeditated Murder or First Degree Felony Murder. If you find the Defendant guilty of First Degree Murder, you must indicate on the verdict form how many of you have found the Defendant guilty of First Degree Premeditated Murder and/or First Degree Felony Murder. By way of example only, the jury can be unanimous as to both theories, or just one theory, or it may be divided."