Liberty City thoughts

Let's assume this trial ends in a mistrial, like the trial before it did.

Well then SDFLA readers, should the government retry the case for a third time?

Don't two mistrials demonstrate that the government has a proof problem? [edited to get rid of the double negatives referenced in the comments]. When do we reach that point? After 5 hung juries? 10? I think 2 is the number....

What about bond? If there is a mistrial, and the government decides to proceed a third time, certainly the remaining six should receive bond. Pretrial detention for defendants who haven't been convicted after two trials can't be right.

The court appointed lawyers must be sweating. One of these long CJA trials is enough to cripple a practice, but two back-to-back is almost impossible to come back from. If a third trial were to start up right away, I'm not sure how these lawyers could keep their private practices up and running...

I also feel terrible for the prosecutors trying the case. Their lives have been turned upside by the many months in back-to-back trials. And the decision to retry the case isn't theirs. The decision most likely isn't even being made here in Miami. It probably is being made by some lawyer in DC who won't have to endure 3 trials.

My prediction is that despite all of the above, if there is a hung jury, the case will be tried a third time.

Liberty City jury deadlocked?

The jury sent a note saying they were deadlocked today. Judge Lenard ordered them to keep trying...

Florida Supreme Court Justice Raoul Cantero resigns

A couple of years back we were saying that he might be nominated to the U.S. Supreme Court.

Today, he stepped down citing family reasons. Here's the article.

Interesting state case

Rumpole has been covering an interesting state case about how far our drug laws really reach. In closing argument, the defense lawyer argued (via Miami Herald):

''The only thing that is clear in this case is that the government is completely abusing its power in applying the law to my client,'' Morris told the jury, to the objection of the prosecution. Circuit Judge Jacqueline Hogan Scola told the jury to disregard the comment.

I love trials and evidence questions -- so I put this to you, my loyal blog readers: is this argument objectionable? Should the objection have been sustained? By my asking the question, I'm sure you know my opinion...

BTW, still no news on Liberty City. This jury has been out longer than LB7. Would the govt try it a third time?

Liberty City jury still deliberating

That says it all.