Forty-three

Much of what is now known about the deliberations comes from interviews that the psychologist, Stephen Robertson, conducted with Irma Brickle and another juror, Peggy Dollinger. He synopsized some of his information in a affidavit. Most of what follows is based on that document.

Immediately after the jurors went to the jury room on Wednesday afternoon, they elected the foreman, Charles Ashley. At that point Ashley told them that they could debate all they wanted, but he had already made up his mind; Zeigler was guilty, he said.

That was Dollinger's recollection. Brickle added that Ashley claimed to have made his decision two weeks before---even before the defense had finished its case.

Robertson learned that the first vote was an even split; voting for conviction were the five black jurors and James Roberts, the alternate who had been added to the panel. Gradually Zeigler's support eroded. By Thursday afternoon, Brickle was the last holdout.

Both Brickle and Dollinger described an atmosphere of intimidation as the panel tried to change Brickle's mind. Both said that when Brickle would try to make a point, Roberts would step behind her seat, put one of the revolvers to her head, and pull the trigger.1 Other jurors shouted at her and called her names. Dollinger confirmed that other jurors shouted at Brickle when she tried to discuss the case.

"I suppose it could even have come to actual violence," Robertson quoted Dollinger. "It was a very frightening situation."

Brickle was upset because other jurors refused to look at the evidence on the table beside her. She couldn't get them to study the photo of the tooth on Charlie Mays's sweatshirt. She blamed her illness on the intimidation and the tension in the room; she was unable to eat or sleep.

Brickle told Robertson that she didn't understand why the judge had failed to help her when she told him that she needed help.

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The sentencing phase of the trial, held July 16, was literally moot for a number of reasons.

1   The jury had all the evidence, including the weapons, but no live ammunition.