Some things in life are given. One of them is that a prison jumpsuit in a courtroom

as a way of standing out, defining its wearer. Maybe that's why Raymond Jennings seemed

less than cordial as he took his usual seat at the end of the defense table on the morning

of March 16th 2009. He was encased in shapeless reddish orange instead of the crisp

business shirt and tied and allowed to wear during his two jury trials. The fluorescence

made him look agitated perhaps. Michelle case family had already taken their seats just

behind him. Lawyers and court officials sat to either side. The decision they had all

come to hear was going to be crucial. Two juries had deadlocked, and now it was up to the

judge should Jennings go on trial yet again a third time for the murder of Michelle O'Keefe,

or should the judge declare an end to it all and send him home. All rise at the bailiff and judge

Michael Johnson entered the room, climbed the bench, and sat down. The air crackled nervously.

Let me address the principal issue for today whether I'll exercise my discretion to dismiss the case.

All it took was 12 words. So I will simply state my ruling. I will not dismiss the case.

Jennings shook his head as if in disbelief he seemed barely in control of himself.

I would like it quiet in the courtroom, please. There would be a third trial. One more time the

O'Keefe would go to court, live through it all again, willingly, all the upset, the dislocation,

the pain, to get just as for Michelle. After the hearing a group of reporters hurried down the

elevator and gathered on the sidewalk out on West Temple Street, eager to get the family's

reaction. It was a fine spring day. The air was fresh for LA, but the O'Keefe's may not have

noticed other things to think about now. Frankly, we're just frustrated after the second go around,

and I didn't know what to think, you know, and we weren't sure if we were going to get the

third opportunity or not. God bless, Judge Johnson for allowing that to happen today.

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