Back from a week of 89 degrees and sunny at poolside in Manzanillo … to 3 inches of snow in New Jersey. Trying to catch up but still take one more family day away from the fray.
Byron’s post is very interesting. Defense lawyers virtually always move for a mistrial when a juror has to be stricken during deliberations. Reason is obvious: Jury must be unanimous to convict, and it’s tougher for the prosecutor to convince 12 people than 11. Almost always, these mistrial motions are denied. Federal rules allow the judge to accept a verdict from 11 jurors regardless of whether the parties agree. (If it gets under 11, that’s a different story.)
Byron seems to be saying Ted Wells, far from objecting, actually asked for the deliberations to continue with 11 jurors. That is a sign that the defense is very confident and obviously likes this jury.