4/10/2023 0 Comments Deadlock jury![]() ![]() “Take as much time as you need to discuss things. “What I have just said is not meant to rush you or pressure you into agreeing on a verdict,” Davila added. “Exhaustion is always a factor that increases the risk with regard to an instruction that can be heard as coercive.”ĭavila read the deadlocked-jury instructions, which tell jurors, they “should not hesitate to reexamine your own views and change your opinion if you become persuaded that it is wrong,” but also that they should not “change an honest belief” solely based on the solely “the opinions of your fellow jurors or for the mere purpose of returning a verdict.” “They’ve been at it for a very long period of time,” Downey said. Courthouse in San Jose, Calif., on Monday, Jan. ![]() SAN JOSE, CALIFORNIA – JANUARY 3: Theranos founder Elizabeth Holmes walks with partner Billy Evans and mother Noel Holmes as they leave the Robert F. A lawyer for Holmes, Kevin Downey, raised concerns that the instructions could put improper pressure on jurors. Prosecutor Robert Leach asked Judge Edward Davila to read to jurors the court’s standard deadlocked-jury instructions, tweaked to note that the deadlock related to only three counts rather than the whole case. It was not clear if the jury was in agreement on the other eight counts. Each fraud charge carries a penalty of up to 20 years in prison. Holmes faces two counts of conspiracy to commit wire fraud, as well as nine counts of wire fraud. The note from the jury did not detail on which counts they have been unable to reach a unanimous verdict. The trial has stretched on for four months - far longer than was initially expected - with little information coming from the jury room since deliberations began before Christmas. News of the deadlock is the most significant development from the jury room as deliberations continue for a seventh day in Holmes’ case. Alaniz, 569 F.3d 1015, 1029 (9th Cir.2009) (finding no error in standard Allen charge issued to deadlocked jury).SAN JOSE - Jurors in Elizabeth Holmes’ criminal fraud trial told the judge Monday that they are deadlocked on three of the 11 counts against the Theranos founder, but will continue deliberations after being instructed not to hurry their decisions. You may now return to the jury room and continue your deliberations.īefore giving any supplemental jury instruction to a deadlocked jury, the Committee recommends the court review Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures § 5.5 (2013) see also Warfield v. You should not single out any part of any instruction, including this one, and ignore others. I remind you that in your deliberations you are to consider the instructions I have given you as a whole. Each of you should ask yourself whether you should question the correctness of your present position. All of you share an equal desire to arrive at a verdict. However, you should not change an honest belief as to the weight or effect of the evidence solely because of the opinions of the other jurors or for the mere purpose of returning a verdict.Īll of you are equally honest and conscientious jurors who have heard the same evidence. During your deliberations, you should not be unwilling to reexamine your own views and change your opinion if you become persuaded that it is wrong. Each of you must decide the case for yourself, but only after you consider the evidence impartially with the other jurors. I have decided to suggest a few thoughts to you.Īs jurors, you have a duty to discuss the case with one another and to deliberate in an effort to reach a unanimous verdict if each of you can do so without violating your individual judgment and conscience. Members of the jury, you have advised that you have been unable to agree upon a verdict in this case.
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