May 04, 2011
Could Raj Rajnaratam Be Headed For A Hung Jury?
Posted by David Zaring

The jury have been out a week, and now they have to begin deliberations again, as a sick juror has been excused, and an alternate added. One rule of thumb for criminal cases, often observed in the breach, is that the longer a jury is out, the less likely it will be coming back with a guilty verdict.

I think most legal observers would have told you that Raj had a difficult case to make - those payoffs to the McKinsey partners are amazing.  And with a bunch of counts, it's easy to compromise on convicting him of a couple and hanging on the rest (or even acquitting on some).   That does him very little good in sentencing.  I can't imagine the jury is 11-1 acquit.  But it is possible that it is 11-1 convict.

Assuming the hold-out isn't the one who was taken sick, you may want to start talking to your law bookie about retrial odds.  There's no way the government, in a shop-window, see-we-really-are-doing-something trial, will just acquiesce to a hung jury.  They'd have to want to try him again.

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