-Caveat Lector-

 This is a good decision regarding Jury Rights. The requirement that juries
must return
a unanimous verdict in criminal cases is probably the last "citizen's
defense" against statism.
For years, the statists have sought to weaken the jury system and many
judges try to interfere
with the process in order to get the verdict they want.

Regards,
Fred Woeckener

Symington Conviction Overturned

Associated Press
Wednesday, June 23, 1999; Page A02

PHOENIX, June 22-A federal appeals court today overturned the bank fraud
convictions that drove Gov. Fife Symington from office in 1997, saying a
juror who insisted Symington was not guilty was wrongly removed by the
judge during deliberations.

A 9th U.S. Circuit Court of Appeals panel ruled 2-1 that there was a
"reasonable possibility" that Mary Jane Cotey was removed because she
disagreed with other jurors about Symington's guilt, not because she failed
to take part in the deliberations.

Symington--who was sentenced to 2 1/2 years behind bars but remained free
on appeal--is entitled to a new trial.

SNIP

Six days into jury deliberations, U.S. District Judge Roger Strand
dismissed Cotey and replaced her with an alternate. Other jurors said that
Cotey, 76, was inattentive and confused, didn't seem to understand some
evidence and wouldn't explain her positions.

After interviewing Cotey and other jurors, Strand concluded that she was
"either unable or unwilling to deliberate with her colleagues," a
permissible ground for removal.

Cotey said later that she would have voted to acquit and that fellow jurors
forced her out because they wanted to convict him.

The appeals court said a judge cannot dismiss a juror if there is a
reasonable possibility that the reason stems from the juror's views.
Instead, the judge must order more deliberations or declare a mistrial.
© Copyright 1999 The Associated Press

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