Sep 29, 2008 5:33 pm US/Eastern
Jurors Appear Deadlocked In "Joe Cool" Murder Case
Prosecutors Say Guillermo Zarabozo Was Part Of The Murder Plot
Defense Contends He Was A Victim Of Kirby Archer
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Guillermo Zarabozo, one of the two men accused in the kidnapping and murder of the captain and crew of the Joe Cool charter fishing boat, took the stand Monday in his own defense.
CBS4
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The Joe Cool, a miami-based charter boat found adrift off the coast fo Cuba 9/24, towed in 9/25/07. The crew ius missing, two passengers alive.
The Miami federal jury in the case of a man accused or kidnapping the crew of the charter boat Joe Cool appears deadlocked, after three days of deliberations
It was back to work for the jury Monday after taking a break from deliberations Friday and the weekend. Last Thursday, the jurors sent a note to U.S. District Judge Paul Huck asking if Guillermo Zarabozo was "automatically" guilty of a crime if he brought a gun aboard, even if he didn't know something bad would happen.
The jury told the judge they are "stuck in the sand" in the trial of Zarabozo and have little hope of coming to a consensus. Judge Paul Huck told the jury to resume deliberating on Tuesday morning.
Zarabozo testified that he brought a handgun in his luggage but blamed the killings on Kirby Archer, who has pleaded guilty in the case. Zarabozo testified he was unaware that Archer planned to commandeer the boat and that Archer shot all four victims using Zarabozo's weapon.
His lawyers say under that scenario, Zarabozo should not be convicted for simply carrying the gun aboard.
Prosecutor Karen Gilbert, however, says the question was vague and urged Huck to direct the jurors to consider his legal instructions carefully to find the answer. The judge decided to do just that, and jurors ended deliberations a short time later.
The jurors also asked to see some of the exhibits presented in the case on Thursday.
Among the exhibits jurors requested: records detailing how Zarabozo and Archer checked into several local hotels including one on Miami Beach days prior to the Sept. 22, 2007 hijacking of the Joe Cool; records of other telephone calls made by Archer; photographs of the boat at sea after the killings.
In addition to the exhibits, jurors requested the transcript of the testimony by Carlos Mulet, a Hialeah mechanic, who introduced Zarabozo to Archer and had first been recruited to help them steal a boat.
Mulet testified last week that he knew of the plot but did not take part in it. When on the stand, he told jurors he was ''the only other person'' besides Zarabozo and Archer who knew of their plan. Mulet said Zarabozo believed the hijacking was necessary to secure a 'mysterious big job' that Archer had promised him. Mulet said Archer, who had been a military policeman in the Army, claimed he had connections with the CIA and had promised Zarabozo he could get him a one million dollar security job in the Bahamas. Mulet said he initially went along with the pair because he thought Archer's CIA connections could help him clear up his bad traffic record which had kept him from getting insurance. In the end, Mulet said, he decided not to accompany the pair because it meant that he would have had to leave town and his family.
The judge allowed the jurors to examine the exhibits, but denied their request for the transcript.
Prosecutors say Zarabozo and Archer chartered the boat a year ago for their phony trip to the Bahamas. Prosecutor Karen Gilbert said in reality the two men intended to hijack the boat and ultimately sail to Cuba because Archer was under investigation in Arkansas for theft and child sexual abuse.
Defense attorneys maintain that Zarabozo was an unwitting participant in the crime and it was Archer who masterminded the hijacking and committed the murders. Archer, who has already pleaded guilty to the crimes, will be sentenced next month.
Zarabozo, who took the stand in his own defense, testified he was in the boat's bathroom when he heard shots and commotion. When he came out, he saw Archer holding Zarabozo's gun.
Zarabozo said Kirby ordered him at gunpoint to help throw the Joe Cool crew members' bodies overboard and clean up the blood. He insisted he only helped throw the bodies overboard because he was scared that Archer would kill him.
Zarabozo faces charges of Kidnapping, Robbery and Murder. The jury may convict him of first degree murder, second degree murder or felony murder.
If convicted, he faces up to life in prison.
Body Found Under Hialeah Home
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