Thursday, June 9, 2005

Jury Deliberation - Kozlowski Trial

This time the jury that is struggling is the Dennis Kozlowski/Mark Swartz jury.

According to an AP report in the Atlanta Jrl Constitution, they are asking, "[c]an we deliver a verdict if we are unanimous on some counts and not on others?" (see here).  After five days of deliberations, it seems the jury is unable to reach a verdict on all counts.  And... this is the second time this trial is occurring as the first ended in a mistrial.

This is additional proof for my post below (here) where I state-

My guess is that overall white collar cases take longer.  Longer to investigate, longer to try, and often with longer jury deliberations.

The judge has several choices here:

1. Take the verdict on the counts that are resolved and declare a mistrial on the others.  If some turn out to be guilty, perhaps the government will be satisfied and go home.  If they are a not guilty, well then maybe the government needs to reevaluate whether to proceed on the remaining counts.

2. Make the jury go back and work tomorrow to try and resolve the rest of the counts.

3.  Give an Allen charge in the hopes of stimulating more discussion.  The problem here is that it may put at risk counts that have been resolved. 

Stay tuned.

(esp)

Addendum - But I was reminded by Jamie Olis' father that his son's jury (formerly of  Dynergy) was out only for 2 hours.  But the result, in sentencing, is something - well that's another matter - see criticism here.  (esp)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2005/06/another_jury_de.html

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