Jurors deliberate in Rilya Wilson case
Updated On: Jan 25 2013 01:57:54 PM EST
After a two-month trial, jurors continued to deliberate Friday on the fate of Geralyn Graham, who is accused of abusing and killing 4-year-old foster child Rilya Wilson more than a decade ago.
At around 1 p.m. Friday, jurors came back for a second time, saying they were still deadlocked on the first-degree murder charge.
The judge, however, administered the Allen charge, a term used to describe the instructions given to a jury when, after deliberation, it is unable to decide on a verdict.
"By law, I cannot demand this of you. But I want you to go back in the jury room, then taking turns, tell each other - tell each of the other jurors about the weakness of your own position," said Circuit Judge Marisa Tinkler Mendez.
Graham, 67, faces life in prison if convicted of first-degree murder. She also is charged with kidnapping and child abuse.
In addition, the jury could opt for a less severe manslaughter charge rather than murder. Click here to see the verdict form.
"All of us are depending on you to make a wise and legal decision in this matter," the judge told jurors after charging them on Thursday.
About 4:40 p.m., jurors told the judge they were deadlocked on the first-degree murder charge. Mendez told them to continue working until at least 8 p.m.
Around 7:30 p.m., Mendez called the jurors back into the courtroom to announce deliberations were over for the night. The jury will return to continue deliberations at 9:15 a.m. Friday.
Prosecutors said Graham, who was Rilya's caretaker, smothered the girl with a pillow in December 2000 and disposed of her body, which has never been found. Key to the case is a purported jailhouse confession by Graham to career criminal Robin Lunceford, who said Graham told her she did it because Rilya was evil and demonic.
Before that, trial testimony showed Rilya was kept in a dog cage, tied to her bed with plastic restraints and forced for long periods to stay in a small laundry room as punishment for disobedience.
"She was being brutalized. She was being punished to the extreme," Assistant State Attorney Michael Matters said in closing arguments.
Rilya's disappearance went unnoticed by state officials for 15 months, triggering high-level resignations at the Department of Children and Families and leading to passage of several reform laws, such as better tracking of foster children. A caseworker who failed to check up on Rilya in person during all those months eventually pleaded guilty to official misconduct charges for falsifying time sheets.
Graham's defense raised the possibility Rilya might have been sold and could still be alive. They questioned the credibility of Lunceford — whose life sentence was cut to 10 years in exchange for her testimony — and the fact that no physical evidence exists showing a crime was committed.
"There's no evidence of it because my client never committed murder," said defense attorney Michael Matters.
Two other prison inmates also testified that Graham implicated herself in Rilya's killing. Friends and acquaintances said Graham told various stories about the girl's disappearance, such as trips to Disney World and New York, and she told investigators the girl had been taken for mental tests by a state caseworker and never returned.
Authorities found no evidence to back up those explanations.
Before jurors began deliberations, three alternates were sent home but instructed by the judge not to talk to the media or read news account of the case until a verdict in the high-profile case is reached.