Judge declares mistrial in Walker case

Judge declares mistrial in Walker case

Update: After two full days of deliberations, jurors in the Calvin Walker case could not reach a verdict and were hung on all 37 counts.

Previous reporting:

It's been just over six-hours since the jury received the federal case against Calvin Gary Walker, alleging that he defrauded and stole millions of dollars from the Beaumont Independent School District through a scheme of using cut-and-paste documents to inflate contract invoices, and now they are telling the judge they are deadlocked.

Throughout the morning the jury could be heard arguing loudly amongst themselves as reporters and others sat outside the Judge Ron Clark's courtroom. The arguing became so loud at one point that federal marshals moved observers around the corner from where they had been seated. At one point, one of the men on the 10-woman, two-man jury knocked on the door and asked if they needed to send out a note to take a break. The other jurors could be heard shouting even before the door opened.

Just before 3 p.m. on the first full-day of deliberations, the jury foreman sent a note from the jury room on the second floor of the Jack Brooks Federal Courthouse stating, "We are deadlocked on the verdict. We have gone over everything. No one has changed their minds. How do we proceed?"

After gathering attorneys for both sides, the judge called jury back into the courtroom and explained to them the seriousness of the 37-count indictment Walker is facing and the importance of the jury's responsibility in trying to reach a verdict. He then read them the Allen Charge, which is used in federal court to send jurors back into deliberations. It was first used in 1986 as a means to allow jurors to strongly encourage other jurors to reach a verdict.

One example of the Allen Charge states, "I'm going to ask that you continue your deliberations in an effort to reach agreement upon a verdict and dispose of this case; and I have a few additional comments I would like for you to consider as you do so. This is an important case. The trial has been expensive in time, effort, money and emotional strain to both the defense and the prosecution. If you should fail to agree upon a verdict, the case will be left open and may have to be tried again. Obviously, another trial would only serve to increase the cost to both sides, and there is no reason to believe that the case can be tried again by either side any better or more exhaustively than it has been tried before you. Any future jury must be selected in the same manner and from the same source as you were chosen, and there is no reason to believe that the case could ever be submitted to twelve men and women more conscientious, more impartial, or more competent to decide it, or that more or clearer evidence could be produced.

"If a substantial majority of your number are in favor of a conviction, those of you who disagree should reconsider whether your doubt is a reasonable one since it appears to make no effective impression upon the minds of the others. On the other hand, if a majority or even a lesser number of you are in favor of an acquittal, the rest of you should ask yourselves again, and most thoughtfully, whether you should accept the weight and sufficiency of evidence which fails to convince your fellow jurors beyond a reasonable doubt. Remember at all times that no juror is expected to give up an honest belief he or she may have as to the weight or effect of the evidence; but, after full deliberation and consideration of the evidence in the case, it is your duty to agree upon a verdict if you can do so. You must also remember that if the evidence in the case fails to establish guilt beyond a reasonable doubt the Defendant should have your unanimous verdict of Not Guilty. You may be as leisurely in your deliberations as the occasion may require and should take all the time which you may feel is necessary. I will ask now that you retire once again and continue your deliberations with these additional comments in mind to be applied, of course, in conjunction with all of the other instructions I have previously given to you."

The jurors then left the courtroom and went back to deliberating the case. Attorneys in the case have been instructed not to comment to the media during the trial.

EDITORS'S NOTE: The Examiner will continue to monitor the going's on in the Walker trial and post updates as they become available.

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Comments

Walker Trial

If I did not overbill BISD then as a businesman I would offer all the proof at my disposal, like my COG (Cost of Good Sold)as presented to the IRS.

Of course if I put it to BISD I certainly would not do so. I might go to jail on this.

Calvin Walker Trial

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After reading all of your comments I wonder why most of you believe Calvin is guilty.I know all of you haters are shaking your heads by now and think I am stupid....no doubt.Let me ask all of you one question...Where did you get all of your information ????? I can answer that .. The Media correct ? Who started this inquiry ? The Examiner did. Who was complaining the loudest ? IBEW . Where does the lawyer work who represents IBEW ?? R,M &Q..who owns whe Examiner ? See where this might be heading. I will tell all of you that I to was shaking my head as I was reading the information being released by the media. I couldn't believe the plea bargans that were offered when all of the media already found him guilty.I was so curious I actually went to the trial to see for myself. How many of you really wanted to learn the truth ?Not many, there were plenty of empty seats and who knows you just might have learned the media had an ajenda.Based upon the evidence presented by the prosecution and the documented explaination shown (via computer) by the defense, Calvin should have been found NOT GUILTY. If this case was a slam dunk like most thought, all the prosecution had to do is show the documented evidence, they confiscated all of his records. Walker had a fair trial and just because you don't agree with the outcome, doesn't mean the jury was wrong. Maybe, just maybe there were shown the truth VIA evidence rather than the slander put forth by the media. I believe they thought they were going to find something on Dr. Thomas and were dissapointed when there was nothing to find. I have NO Proof of this, just my opinion. If they re-try Mr. Walker, that would be a crime.

Actually the information

Actually the information comes from the trial. But, I guess you think fraud/theft is ok. You sound like someone that doesn't want to be bothered with the facts of the case.

The checks in the mail

Since Calvin Walker admitted that he did overcharge, but it was accidental, I feel sure that he has already started writing his refund checks so that he can return the money to the district that is not rightfully his.

Where did you get that??

Where did you get that??

But according to news reports

But according to news reports yesterday, the judge told the jury that their decision did NOT need to be unanimous! Does anyone understand this?

That doesn't make sense. It

That doesn't make sense. It has to be, it wasn't, thus a mistrial.

i figure, its locked with the

i figure, its locked with the black woman and one senile old white lady holding out

You figure WRONG!

You figure WRONG!

Remember folks

Remember folks, The BISD has stated they felt they were not overcharged. I am not at all surprised by this.

Ok. You work for BISD and

Ok. You work for BISD and you are called to the stand or questioned by the feds about this case and:
you are either on the take getting a piece of the pie from Walker,
or you didn't do your job,
or you are just an idiot and don't know what Walker was supposed to bill you,
or you semi did your job and looked at Walker's fraudulently prepared proof of costs that he submitted. Now, would you say "yes, I messed up, he overcharged us by millions!"

If you are on the take, you are going to prison. If you didn't do your job, you are getting fired and likely won't be able to find another gravy train job. If you looked at and approved the bills that were 300k, 400k, or 500k too high and you approved them anyway then you will look guilty and either will go to prison or get fired. If you are an idiot...well, you are off the hook and can say that they looked fine because you work for BISD.

Unfreakingbelievable!!!

Unfreakingbelievable!!!

what is the racial makeup of

what is the racial makeup of the jury?

1 black woman, 2 white men, &

1 black woman, 2 white men, & the rest white women.

Jury make-up is really dumb

Jury make-up is really dumb people.

Why is the jury dump, because

Why is the jury dump, because they couldn't find Calvin Walker guilty. You no what white men been stealing all of their lives; O it is ok for a white man to make all of the money. When a black try to make some money it is a crime. You no what you white people do not own this world. You better be careful when you dig a ditch for a person make sure you dig to because you will fall in it first.

Perfect for the defense. I

Perfect for the defense. I guess, according to DeGuerin, that would be a jury of Walker's peers...really dumb. But, seeing how he got an acquittal, maybe Walker is as stupid as DeGuerin (and I) thinks he is.

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