Thursday, August 30, 2007

Mistrial Leads to Double Jeopardy For Two

Three individuals related to Symbol Technologies, Inc. stood trial for a variety of white collar charges.  The jury heard from 40 witnesses, and had deliberated for three days when the court declared a mistrial.   The Second Circuit held that "where the record does not indicate that there was genuine deadlock, and the court has not provided an explanation for its conclusion or pointed to factors that might not be adequately reflected on a cold record, we are unable to satisfy ourselves that the trial judge exercised 'sound discretion' in declaring a mistrial."  The court further held that double jeopardy barred the retrial of two of the individuals who had been tried. (see also here)

(esp)(w/ a hat tip to Joan Hemingway)

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