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Web posted at: 8:29 p.m. EST (0129 GMT) NEW YORK (CNN) -- Jurors trying to decide whether handgun manufacturers should be held liable for gun violence began their fifth day of deliberations Wednesday despite twice telling the judge they were deadlocked.
In a note Tuesday to U.S. District Judge Jack Weinstein, the panel said, "We are all very upset. We are starting to fight. We can not [sic] reach a decision. We are emotionally drained & some of us feel physically ill." The judge sympathized with their mental state and allowed them to break early for the day, but he rejected their contention that they were hopelessly deadlocked in the closely watched civil trial. "I don't want to make light of it, but you're not being relieved at this point. Everyone has invested too much in this case for you to throw up your hands prematurely," the judge responded. In that same note jurors also asked the judge for "more direction" and to clarify a charge which says the panel's findings must be "unanimous" on the burden of proof. Weinstein told them that "burden of proof lies with the plaintiffs" and that it would be inappropriate for him to guide their deliberations on that point. The plaintiffs in the month-long trial are family members of seven shooting victims, only one of whom survived. The families sued gun makers, accusing them of irresponsible manufacturing and distributing practices. The plaintiffs alleged that handgun manufacturers glutted the markets of Southern states that have more lenient laws. They asserted that 45 percent of guns recovered in New York came from Florida, Georgia, North and South Carolina and Virginia. They also claimed those black-market weapons eventually landed in the hands of criminals and kids. "The evidence clearly showed that the underground market is fueled by the handgun industry," Denise Dunleavy, lawyer for the plaintiffs, said at the conclusion of the trial. Attorneys for more than 25 gun manufacturers said there is no evidence of that charge. They claim they distribute guns to licensed distributors and fully comply with Bureau of Alcohol, Tobacco and Firearms laws. They also say it is unfair to hold the manufacturers responsible for what a criminal does with a gun. "A manufacturer of a legal product does not control criminals who misuse their products," defense lawyer John Renzulli said after closing arguments. "GM (General Motors) doesn't control people who get drunk and drive and harm someone." After the jury deadlocked, Timothy Bumann, who represents three of the gun makers, said, "This shows the plaintiffs have never proved their case." The plaintiffs are suing on behalf of the shooting victims for millions of dollars for pain and suffering and lost income-earning potential. The families also asked to be reimbursed for funeral costs. Jurors were told to consider if the defendants' marketing or distribution of handguns was negligent, and if the plaintiffs' deaths were caused by said negligence. The trial is being watched by other municipalities, who may be considering similar lawsuits against the gun industry. So far, only Chicago and Cook County, Illinois, have filed suits based on the marketing and distribution practices of gun makers. Some cities have filed lawsuits alleging that gun manufacturers have failed to make guns with adequate safety features.
Reuters contributed to this report. RELATED STORIES: Gunmaker negligence trial in jury's hands RELATED SITES: Bureau of Alcohol, Tobacco and Firearms
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