U.S. v. Resko

This appeal by defendants Luis F. Hidalgo and Jesus Cepeda, Jr. raises an important issue concerning the appropriate remedy for juror misconduct discovered mid-trial. On the seventh day of a nine-day trial, the district court learned that jurors, in disregard of the district courts admonition, had been discussing the case among themselves. The court responded by distributing a two-part questionnaire asking the jurors whether they had discussed the case with other jurors and, if so, whether those Discussions had led them to form an opinion as to the guilt or innocence of the defendants. The questionnaire asked only for "yes" or "no" answers. In response, all the jurors admitted that they had prematurely discussed the case, but also responded that they had not arrived at a Conclusion as to guilt or innocence.