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U.S. v. SAMET

No. 01 CR. 216(CM).

207 F.Supp.2d 269 (2002)

UNITED STATES of America v. Mordechai SAMET and Chaim Hollender, Defendants.

United States District Court, S.D. New York.

June 26, 2002.

Attorney(s) appearing for the Case

James P. Cinque, Cinque & Cinque, P.C., New York City, Samuel I. Burstyn, Miami, FL, for Mordechai Samet.

Cynthia Keefe Dunne, U.S. Atty's Office, White Plains, NY, Maria A. Barton, Margery B. Feinzig, Mary Jo White, U.S. Atty., New York City, for U.S.

DECISION GRANTING DEFENDANTS' MOTIONS FOR MISTRIAL AND DENYING GOVERNMENT'S MOTION FOR RULE 23(B) DISCHARGE OF JUROR

McMAHON, District Judge.

Fed.R.Crim.P. 23(b) permits a Court to discharge a deliberating juror for just cause when the juror becomes unable to perform her duties as a juror by reason of illness or incapacity—a term that has been broadly defined to include psychological inability to go forward with deliberations. United States v. Thomas...

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