Okay, so here's how I'm figuring this Spector case. Forget what I said earlier.
The prosecution and the defense both agreed to go for broke: Either he's guilty of second-degree murder or he's innocent. The judge agreed. The jury was not allowed to come back with any other verdict. They could not, say, decide for involuntary manslaughter.
Now, let's say you're on the jury. I'm going to use you as an example because if it were me, I'd probably just declare the guy guilty and go shopping. But you have a more open mind than I do on this.
I don't think you think he's innocent and should just go free. He has serious mental problems and he likes to threaten people with guns and one of those people is dead from one of those guns.
But maybe this one going off was an accident. I don't think you buy the idea that poor Lana Clarkson was so suicidal that she grabbed the gun, stuck it in her own mouth and pulled the trigger…but maybe you think that the way the law is written, Spector shooting her by accident does not quite meet the definition of murder in the second degree. You can't vote for manslaughter so you vote the only other way you can…to acquit. You can do that because others in the jury room are going to vote to convict. That means you can vote to acquit without worrying that Spector's going to waltz away from this with no punishment, free to point guns at others.
I'm not saying your idea is, "Let's create a deadlock." Just that you've been given two possible votes and you decide the one that means "guilty as charged" doesn't exactly apply. There are five or maybe seven of you in the jury room who feel that way.
The judge says he may send the jury back to deliberate but give them the option of voting for manslaughter or some other slightly-lesser charge. He may order the lawyers to argue this or other salient points before deliberations resume…and it's always possible that the prosecutors and Spector's lawyers will cut a deal where Phil will plead "no contest" to a reduced charge. There's no telling what (if anything) is on Spector's mind but his attorneys have to be thinking that being able to vote the lesser crime is only going to drive acquittal votes towards that choice. It will not cause those who voted to convict to suddenly decide the guy should receive a "get out of jail free" card.
So that's my prediction: One way or another, he'll wind up with a reduced but still serious conviction. That will suffice for me and my murder spree will not be necessary.
But if I'm wrong and Spector does go free…watch out!