Trial lawyers know that the worst part of the case is waiting for the jury to return a verdict. You can’t do other work. You just sit around stressed to the max, filled with both hope and anxiety. And the longer the jury is out, the more that anxiety builds.
It’s funny listening to the talking heads explaining what short deliberations mean and what the lengthy Manafort jury deliberations mean. No one knows, obviously. They just finished day 3 without a verdict. It may mean that they are going slowly through the evidence. It may mean that they are fighting. It may mean that they want another lunch. It may mean that there is one holdout. Or more. Or an even split.
I’ve had juries out 9 days and juries out 15 minutes and everything in between. It’s just impossible to know what they are thinking.
Good story about my 9 day jury — It was a trial in Savannah, GA with 10 defendants. My middle daughter was born on a Friday and we started the 6 week trial on the following Monday. When the trial was over, I was looking forward to getting home and spending time with my new baby. But the jury wouldn’t reach a verdict. Day after day. Finally on day 9, my wife decided to travel up to Savannah so that I could see the baby. You know what happened 5 minutes after she boarded the flight and turned off her phone... Of course... VERDICT. Happily for me and my client, it was a not guilty. That was a fun celebration...
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Not guilty verdicts should not require unanimity. A 9-3 super majority should suffice.
ReplyDeleteA Mistrial under these circumstances is tantamount to double jeopardy.
What a great story. Thanks for sharing!
ReplyDeleteMy first rule in shorter cases is to avoid closing on Thursday and getting a Friday verdict. The last Friday verdict I can recall liking is a police officer case where he was acquitted in 15 minutes. Other than that...
ReplyDeleteI read where the Manafort defense team was happy the jury is still out. I don't like it. I feel that an acquittal comes easier to a jury than a conviction and that the longer it takes, the more likely it is that a careful jury is working their way through the verdict form count by count. Of course David's experience in Savannah is different. But in that case there were multiple defendants and not all of them were acquitted. If I recall the lead def represented by none other than Roy Black went down hard.
Nice story.
ReplyDeleteReturning to a recent subject on Rumpole's blog, did you ask for a continuance because of the coming baby? Did you consider it? How did that play out in your house?
You should have nicknamed your daughter acquittal, "AQ" for short.
ReplyDelete8:56: Yes, I did ask for a continuance, but the judge refused. When I explained that my wife was due to be induced on that Monday, he said: "Well, those things change. And if she has the baby when you are here, you can take one day off and go see your family. The trial will continue, of course, and another lawyer can stand in for you." Ridiculous on so many different levels.
ReplyDeleteAn abusive federal judge? Hard to believe.
ReplyDeleteHope you aren't going to Savannah anytime soon.
ReplyDeleteDespite the judge's best efforts, some guilty verdicts. Now the question is whether he even has to file a pardon application.
ReplyDeleteDenied continuance? Don't even need to look up the docket to know it was the late-Judge Edenfield...
ReplyDelete