Minutes after 12 federal jurors in Miami agreed to convict a former prime minister of the British Virgin Islands on a drug-trafficking conspiracy, two of them contacted the choose to say they actually didn't share the opinions of the opposite panelists and so they modified their minds in regards to the accused. responsible
However it was too late.
U.S. District Choose Kathleen Williams had already questioned every of the 12 jurors about their unanimous verdicts and launched them after every mentioned on Thursday that Andrew Fahie was responsible of conspiring to import cocaine into america United and three counts of cash laundering and racketeering.
Now Williams, federal prosecutors and Fahie's protection attorneys are dealing with a particularly uncommon, if not unprecedented, authorized subject: If jurors have already been impaneled and discharged, the choose can remand and remand their instances. trial verdicts. ?
Traditionally, in South Florida and different areas of the nation, the reply can be no – until there’s “exterior stress” positioned on jurors by foreigners or somebody on the jury has made racist feedback in regards to the jurors. 'accused, Fahie, who’s Negro. There doesn’t appear to be proof of both within the case. Additional problems: There are extreme restrictions beneath the Structure as to how a lot a choose, prosecutors and protection attorneys can inquire a couple of jury's deliberations.
“I checked out all the opposite instances and, unsurprisingly, there's no one with this actual situation,” Williams informed each side throughout an uncommon post-verdict listening to in Miami federal court docket on Monday. “I’ve extraordinarily restricted avenues to discover.”
Federal prosecutors argued that the choose ought to adhere to the 4 unanimous responsible verdicts from the 12 jurors as a result of they have been discharged from their duties – until there was an “error” on the decision type.
“I don't suppose there's any mistake on the decision type,” mentioned Assistant U.S. Lawyer Kevin Gerarde, who argued that it “doesn't matter” at this level if two of the jurors didn't agree with the opposite 10 as a result of they have been questioned in court docket and launched from their duties.
A request for a brand new ballot of the jury
Fahie's lead protection lawyer, Theresa Van Vliet, acknowledged that she was unable to discover a “spot on” case with the post-verdict situation of her shopper's trial, however urged the choose to ballot the 2 jurors in query, if not all 12.
“We’re not suggesting a free inquiry,” Van Vliet informed the choose, declaring that Fahie faces a compulsory minimal sentence of 10 years to life on the highest conviction of conspiracy to import cocaine. “All we ask is that these two jurors be introduced in and be voted on [again].”
Van Vliet additionally threw a curveball into the proceedings when he disclosed that one of many two jurors had left a voicemail message on his regulation agency's cellphone. She mentioned neither she nor Fahie's second lawyer, Joyce Delgado, heard the recording.
After some dialogue, Choose Williams proposed that each events take heed to the voicemail recording in personal and return it.
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