Did defense attorneys for the estate of "American Sniper" author Chris Kyle make a strategic error in the final days of the Jesse Ventura defamation trial?
That's a question some court observers are asking after a split jury in St. Paul, Minn., awarded $1.8 million to the former Minnesota governor.
Under the usual rules, a federal trial in Minnesota ends in a deadlock and must be retried if a jury fails to reach a unanimous decision. But when the Ventura jurors failed to reach a verdict after several days of deliberations, defense and plaintiffs attorneys agreed to accept a split verdict, and jurors found 8-2 against the defense.
Speaking for Chris Kyle's defense team, attorney John Borger said Tuesday the verdict was disappointing and the team will evaluate their legal options in the case. Borger said he called Chris Kyle's widow, Taya, with the news. "She was very surprised and very upset," he said.
Asked if agreeing to a split verdict was a mistake, he said, "That was a strategic call that seemed appropriate at the time."
Others questioned their decision.
"I think it's a strategic error," said David Schultz, a professor of law and political science at Hamline University in St. Paul. "I'm surprised that the defense agreed to it."
Schultz said the defense had nothing to lose with a hung jury. If the jury couldn't reach a verdict, Ventura would have had to pay to retry the case. That could have cost him much more than $100,000 in additional costs.
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