The famous Juror No. 5 note (if any of this is accurately-relayed, a mistrial is a near certainty -- click to enlarge):
. . . .We'll know at 5:30 PM EDT. . .
Friday, September 11, 2009
Fosamax Mistrial Highly Likely: Juror Note Image
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2 comments:
So, I'm no legal eagle.
But, even if the letter isn't factually correct-the mere fact that it was written by a juror (and his/her fears real or imaginary) would make a mistrial 'mandatory', no?
Yep. [Though it was at least theoretically-possible that the judge could have ruled, after interviewing the jurors, that none of it happened, then excused the one juror (No. 5, citing unspecified infirmities), and let the remaining seven deliberate. Not likely; but it was possible.]
In the end, it was simply a matter of running the clock out -- Judge Keenan gave them the best shot he could, by asking them to cool off for a day. . . .
But this one will now very likely be retried, in the Spring of 2010.
Namaste
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