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Subject:  Re: The Cost Basis Crisis Date:  7/13/2006  9:01 AM
Author:  JeanDavid Number:  87774 of 127753

Why do you think this? I don't really see any mishandling by the judicial system. Perhaps the jury got a little out of hand, but 6 jurors is not uncommon and the judge can't control the fact that a juror gave misinformation in the jury room unless informed of such. Perhaps the defendant could get a new trial due to jury misconduct or something (although, I'm not sure about this), but I don't think the case was mishandled.

1.) It seems to me that in criminal cases, where the defendent can do jail time if convicted, he should get a full jury of 12. Apparently the law permits fewer jurors.

2.) What juror gave misinformation? I was there. The other jurors seemed to all be logically challenged, to use a euphemism. One juror spent a lot of time on a cell phone, contrary to the judge's order that no pagers or cell phones were permitted in the jury room. But that is not the same as presenting misinformation. Jurors present no information. Their job is to evaluate the information presented by the two attorneys.

4.) This happened over 15 years ago, IIRC, so it is going to be a bit late to get a retrial.

5.) The original defense attorney made no effort to defend his client. I got the impression that he had met with his client for only a few minutes total and prepared no case. IMAO, an attorney like that would by no means wish to run the expense of making a proper investigation, preparing a proper case, or caring at all about his client. He was worse than useless and made an extremely bad impression on the jury who mostly thought if there was any extenuating evidence, he would have presented it. So the defendent was guilty because the defense attorney failed to even attempt to prove him innocent.

Actual trials are nothing like on Perry Mason or 12 Angry Men.
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