11th Circuit considers Liberty City Seven

Jay Weaver has the details about this interesting issue:

The judge’s removal of a woman from the federal jury in one of the nation’s most controversial terrorism trials dominated oral arguments Tuesday, in the appeal of five Miami men convicted of conspiring to aid al-Qaida.

The unidentified woman, known only as Juror No. 4, was dismissed by U.S. District Judge Joan Lenard after deliberating for nearly three days in late April 2009 because the other 11 jurors said she refused to discuss the fate of the remaining defendants in a group originally dubbed the “Liberty City Seven.’’

The ruling led to the juror’s replacement by an alternate juror, a man, and the eventual conviction of the five defendants on material-support conspiracy charges. One other defendant was acquitted.

The removal of Juror No. 4 from the 12-person panel carried great consequences.

Had she been allowed to hold out as the minority juror, prompting a third mistrial in the controversial case, the five defendants could have walked out of the courtroom free, because the U.S. attorney’s office had already said it wouldn’t try them a fourth time.

Defense lawyers said Tuesday that Lenard made a major error about Juror No. 4 that should compel the 11th U.S. Circuit Court of Appeals to throw out the convictions and order a new trial. A decision could take months.

Juror No. 4 “goes in there and makes up her mind,” said attorney Ana Jhones, who represented the ringleader in the Liberty City group. “Does that mean she’s not deliberating? There is evidence that Juror No. 4 was, in fact, deliberating.”

She also said the woman was intimidated by the foreman in the jury room.

But a prosecutor with the U.S. attorney’s office disagreed.

Assistant U.S. Attorney Jonathan Colan said Juror No. 4 indicated to a courtroom deputy even before the start of deliberations that she didn’t want to discuss the evidence. She just wanted to express her opinion.

“Every other juror [questioned by the judge] gave consistent testimony that she turned her back and wouldn’t follow the law,” Colan said.

The convictions of the five men followed two earlier mistrials, which had resulted in the acquittal of one other defendant.

I'm back

I go to court for a few days, and the good professor decides to blog about "tense present." Rick, don't you realize that the readers of this blog prefer motions discussing phallic imagery? This is what they want. BTW, I'm wondering how our district judges would react to such a motion.

Slow blogging today

Your friendly neighborhood blogger is in court today, so I won't have much on the web until much later. Until then, your moment of zen:

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Defense Verdicts of the Week

The USAO is very good at issuing press releases when there is an arrest or a conviction. Not so much when there is an acquittal. And there were some acquittals and a hung jury this week:

1. Sabrina Puglisi and Margot Moss got a not guilty before Judge Jordan in a drug case in which their client testified.*

2. AFPDs Aimee Ferrer and Jan Smith won before Judge Seitz in a gun case.

3. AFPD Miguel Caridad and David Joffe hung a jury before Judge Cooke. Apparently, Joffe's client originally pled guilty but was permitted to withdraw the plea and now is going for round 2.

*Full disclosure -- I share space with Sabrina and Margot is my law partner.

Judge makes mistake and goes after criminal defense lawyer

This story really amazes me:

At issue: Anthony pleaded guilty to 13 charges in a check fraud case in January 2010. Judge Stan Strickland sentenced her to time-served in jail, and a year of probation after her jail release.

But last month, when Anthony was acquitted of murder and released from the Orange County Jail, she wasn't put on probation. The Department of Corrections said Anthony served that probation in jail while she was awaiting the murder trial.

Soon after her release, Strickland amended his original order clarifying his intentions, which were clear in video and transcripts from the January 2010 sentencing.

Anthony's defense team objected, and Perry heard arguments from attorneys earlier this month.

Perry asked the defense team if they knew Anthony was serving her probation while she was in jail. One of Anthony's attorneys admitted that they did, but didn't think it was their burden to notify the court.

Perry eventually issued an order stating Anthony does have to report to probation.

In that order, Perry took up the issue with the attorneys too, saying that, "the failure to abide by that order and the failure to notify the court of a known scrivener's error in the order may be a violation of an attorney's duty of candor."

"No attorney should conduct himself or herself in a way that impedes an order of the court. ... Our system of justice should never be in the position of rewarding someone who willfully hides the ball."

This investigation reminds me of the old F. Lee Bailey quote after he was charged with mail fraud: In England, a criminal defense lawyer is apt to be knighted, in America, he is apt to be indicted.

This is especially true where the criminal defense lawyer is representing an unpopular defendant like Casey. The Florida Bar should quickly clear Jose Baez.