Questions linger after Michael Dunn first degree murder mistrial

JACKSONVILLE, Fla. -- Many questions are still lingering after a jury of 12 declared the first degree murder charge against Michael Dunn a mistrial.

A jury convicted 47-year-old Dunn Saturday night of second degree attempted murder for shooting into a car full of teenagers after an argument over loud music.

State attorney Angela Corey says she'll retry Dunn for the shooting death of 17-year-old Jordan Davis.

Related Story: Verdict reached in Michael Dunn trial

After the announcement of a mistrial, dozens of demonstrators led a march from the Duval County Courthouse to the State Attorney Angela Corey's Downtown office with one demand; that Corey step down or be removed from office.

First Coast News legal analyst Richard Kuritz says petitions and rallies will not get Corey removed.

"The only way a constitutional officer, and she is a constitutional officer and she's an elected official, the only way she can be ultimately removed from office is if she is charged with a crime as it relates to her functions in office. Which is not going to happen so there's really no way anybody is going to get her to step down or removed from office," said Kuritz.

Related Story: Dunn prosecutor: Will retry on first-degree murder

Corey won a second term as state attorney for the fourth circuit after no opponents filed to run against her in 2012. After the mistrial was announced, Corey announced she plans to re-try the case.

"We have to sit down with our victim's family. We hope to do that in the next couple of weeks. But as far as we're concerned, we intend to retry him, retry Michael Dunn on first degree murder," said Corey in a press conference Saturday night.

Dunn could face at least 60 years in prison for the three counts of attempted second degree murder. When Corey was asked why try the case again, she said it would mean justice for Jordan Davis. Kuritz says if it is retried not much would change in the courtroom.

"The prosecution's theme normally doesn't change. I mean they tighten it up, they see what the defense brought the first time, they saw what the defense threw at the witnesses the first time and they tighten up their case and they get a little better every time. The defense that's where you want to be more creative because if you do the same thing you did before and the prosecution has already gotten better then you're going to get a bad result," added Kuritz.

Related Story: Davis' parents: Happy for a 'little bit of closure'

Could there be a fair trial after so much publicity? Kuritz says it could be challenging.

"People are going to say they can be fair and impartial, question is are they telling the truth and could they truly be fair and impartial?" added Kuritz.

The defense could also ask for a change of venue, and Kuritz says the judge could even change the venue but then the expense of the trial would be even higher for Duval County taxpayers.

Related Story: Dunn attorney: 'Everybody lost something in this'

"Everybody goes, the judge goes, the clerk goes, the bailiffs go, everybody goes so all of the expenses that we've gone through here is just going to get even more and more expensive," said Kuritz.

Dunn's sentencing is in late March and Kuritz says the judge could set a new trial date on that day. He says he's seen retrials start as quickly as two weeks after the first trial or even several months later. He thinks if it is retried it may be around June or July.


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