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Thursday, March 30, 2006

Symbol Technologies: Request to Poll Jury Denied

The judge in the Symbol Technologies criminal case has  reportedly denied the defense motion to have the jury polled following the bizarre turn of events discussed here.  You may recall that defense attorneys in that case made a motion to bring the jurors back to court to be questioned as to whether they actually intended to acquit two of the defendants. 

This motion was made post-trial after one of the defense attorneys spoke with seven of the twelve jurors, and they all concurred that the jury had voted to acquit two of the three  defendants completely, and to acquit the third defendant of all charges except one.  This supposed acquittal was never announced in open court, however, because at the conclusion of the a six-week trial and four days of deliberations, the jury presented the judge with a note stating "We are at a deadlock. We have exhausted all options."  The judge then granted a mistrial  at the request of the defense attorneys, and everyone basically went their separate ways.  Defense lawyers claim that the announced deadlock only related to the one charge against the third defendant.

Anyway, according to a February 28, 2006 article by Robert Kessler of Newsday, U.S. District Judge Leonard Wexler has denied the motion to poll the jury, finding that it was contrary to established legal precedent to question the jurors after the trial ended.  According to the article, the judge stated that

his chief court clerk, Josiah Kharjie, had collected the jurors' verdict sheets and the main sheet that lists how all the jurors voted was blank. Wexler noted that the individual verdict sheets, which 11 of the 12 jurors had used to record their own views, had a mixture of guiltys and not-guiltys.

In any event, Wexler said neither the jurors' later recollection to Sommer of how they would have voted nor the verdict sheets counted as evidence. The only thing that legally counted was a verdict delivered in open court, and that had not occurred, Wexler said.

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