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Deliberations resume in teacher shooting trial

Assistant State Attorney Marc Shiner: "This is first-degree murder anyway you look at it."  


WEST PALM BEACH, Florida (CNN) -- Jurors deliberating the fate of a teenage boy accused of killing his middle school English teacher have returned to the jury room after spending a day and a half listening to a court reporter read back testimony they had requested.

Tuesday, the jury asked for transcripts of testimony given by four people during the trial of Nathaniel Brazill, 14, including the defendant. Florida law doesn't permit the jurors to be given transcripts, so the testimony has to read aloud in open court.

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CNN's Mark Potter reports on the testimony of 14-year-old Nathaniel Brazill (May 8)

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See highlights of 14-year-old Nathaniel Brazill's testimony (May 8)

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Read the complaint against the gun maker (FindLaw) (PDF)
Read the indictment and probable cause affidavit in the Brazill case (FindLaw) (PDF)
Read the Florida law on juveniles being tried as adults
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They also wanted to watch the video from a security camera that showed the sequence of events immediately leading up to the shooting of Lake Worth Community Middle School teacher Barry Grunow, and Brazill's flight following the discharge of the weapon.

In addition, the jury asked for the definition of burglary which falls into their deliberations on the charge of felony murder.

The request could add a number of days to deliberations in the murder case.

"It's got to be read to you in open court. I just can't give you the transcripts," said Wennet. "By the way, that'll take about a day and a half to read that back to you."

The jurors received the case Monday shortly after the state prosecutor in a dramatic closing clutched the weapon used to kill teacher Barry Grunow, pulled its trigger and told jurors that Nathaniel Brazill "knew what he was doing" when he shot the teacher in the head.

Assistant State Attorney Marc Shiner said a "storm was brewing" inside Brazill when he took the gun to Lake Worth Community Middle School on May 26 last year.

"This is first-degree murder anyway you look at it," he said.

Jurors deliberated for more than three hours Monday evening.

Brazill was 13 at the time of the shooting. His lawyers maintain the shooting was accidental

Defense attorney Robert Udell:
Defense attorney Robert Udell: "It is not premeditated murder. It's not even close."  

"It is not premeditated murder. It's not even close," said defense attorney Robert Udell during his closing argument. Premeditation is required for a first-degree conviction.

Udell suggested in his closing argument that the jury consider a manslaughter conviction. Shiner has pushed for the defendant to be found guilty of first-degree murder.

While Brazill has been charged with first-degree murder, the jury can find him guilty of lesser charges including second-degree murder, third-degree murder and manslaughter.


Greta@LAW






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