Replies

Based on the court docket during deliberations, it looks like there was lots of interaction between judge and jury:

Doc #  Filed      Description

140    3/6/2006   Court's Charge/Instructions to Jury
141    3/6/2006   Jury Note (Sealed)
142    3/6/2006   Minutes - Miscellaneous
--     3/6/2006   Minutes - Miscellaneous
143    3/7/2006   Jury Note (Sealed)
--     3/7/2006   Remark (No Doc #)
--     3/7/2006   Remark (No Doc #)
144    3/7/2006   Jury Note (Sealed)
--     3/7/2006   Minutes - Miscellaneous
145    3/7/2006   Jury Note (Sealed)
146    3/7/2006   Minutes - Miscellaneous
147    3/8/2006   Jury Note (Sealed)
148    3/8/2006   Jury Verdict - Compean (Unredacted Jury Verdict sealed)
149    3/8/2006   Jury Verdict - Ramos (Unredacted Jury Verdict sealed)
150    3/8/2006   Minutes - Miscellaneous

I disagree with you as to whether there was "lots of interaction between judge and jury." Although the notes are sealed now, they will be available to the 5th circuit and can unsealed by the 5th. From looking at the docket sheet, I feel confident in following: 1) Doc#141- Jury asking to retire for day; 2) Doc #143-Jury asking for read back of testimony; 3) Doc# 145-Jury asking to retire for day; 4) Doc #147- jury notifying court it has a verdict. The only one I have any doubt about is #143 but it looks like to me that after thinking overnight that some jurors wanted their memories refreshed on testimony they considered important by them. Not unusual. In fact, I have cases where the jury has requested read backs several times during deliberations. The number of jury notes to the judge are actually on the low side considering the length of the trial and 3 days of deliberation. I just finished a case last month on a 1 week jury trial where the jury asked for 6 read backs in 1 1/2 days of deliberation.(they couldn't agree on the testimony) It does not appear to me that the jury notified the judge that it was having difficulty reaching a verdict or that it was deadlocked. It also does not appear that the judge gave the jury an additional charge such as a dynamite charge which would be helpful in the error alleged regarding the 3 jurors. BTW jury notes are normally sealed at this point of the appeal.