This one really bothered me -- DOJ indicted 10 defendants in a criminal antitrust case (hoping some would plead and flip). All 10 stay strong and go to trial in Denver federal court. All 10 are hung. DOJ says, we are going to try again. All 10 go to trial a second time. And all the jury hangs again as to all 10.
Surely, the government would not try them again, right?
Wrong.
But the judge is rightfully upset. So he orders the head of the antitrust division to court to explain why the government is going to try all 10 again.
Shortly before appearing, the government dismisses against 5 of the defendants. Then the chief showed up to court and explained that he believed his prosecutors would win. Shortly thereafter, he was quoted as saying he's not part of the "chickenshit club."
I wrote about how ridiculous that position was here.
The remaining 5 just went to trial and WALKED. Not guilty across the board.
An unbelievable defeat for DOJ.
Really happy for the 5 defendants and their lawyers, but they never should have been in that position, of course. The government should not be able to try a defendant if it can't get a conviction at a trial, let alone two trials.
After trial #2, I did a bonus podcast episode with Barry Pollack, who represented one of the defendants who was dismissed after trial #2. Check it out here.
5 comments:
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Well, they blew up the chicken man in Denver last night...
And the DA can't get no relief...
They aren’t doing their job right if they win every case.
@153 - they should only be bringing cases they can win. They aren't doing their job right if they don't win every case (ok, 95%).
1:53. Even if we accept that they would not be doing their job if they won every case, that does not justify trying this guy three times.
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