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To: Mr. Mojo

Was the decision appealed? I read this:

" Stillinger, the lawyer, said she saw some jurors crying after the guilty verdict and later got in touch with them.

The problem was that the jurors were under the impression that a hung jury was not an option. Gourley, a special education teacher, and Torres said that the foreman of the jury told them that Cardone would not accept a hung jury. Woods said she heard the same statement but could not remember which juror said it.

"Essentially, when they saw they could not convince the majority in favor of voting guilty, they conceded their votes, believing that they did not have the option to stick to their guns and prevent a unanimous verdict," Stillinger wrote in the motion."

excerpt from http://www.dailybulletin.com/news/ci_4508579


37 posted on 01/13/2007 11:01:45 PM PST by KittyKares
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To: KittyKares
The problem was that the jurors were under the impression that a hung jury was not an option. Gourley, a special education teacher, and Torres said that the foreman of the jury told them that Cardone would not accept a hung jury. Woods said she heard the same statement but could not remember which juror said it.

Which means the agents were denied their right to a fair and IMPARTIAL jury.

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SAMUEL CHASE (Justice, U. S. Supreme Court and signer of the Declaration of Independence, 1804):
"The jury has the right to determine both the law and the facts."

_________________________________________________________

U.S. v. DOUGHERTY, 473 F.2d. 1113, 1139 (1972):
"The pages of history shine on instances of the jury's exercise of its prerogative to disregard instructions of the judge...."

_________________________________________________________

LORD DENMAN, (in C.J. O'Connel v. R. ,1884):
"Every jury in the land is tampered with and falsely instructed by the judge when it is told it must take (or accept) as the law that which has been given to them, or that they must bring in a certain verdict, or that they can decide only the facts of the case."

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Juries are NEVER informed of the right of jury nullification, it might actually allow the unwashed masses of the People to have a bit of control over their own country, dontchaknow!

95 posted on 01/14/2007 5:52:11 AM PST by MamaTexan ( I am not a ~legal entity~....... nor am I a 'person' as created by law.)
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