U.S. v. Blitch

Defendants were entitled to new trial on drug conspiracy charge where whole venire had been exposed to discussions regarding fear for jurors’ personal safety due to fact that jurors’ background information had been given to defense counsel, and where Dist. Ct. neither requested new venire in light of said discussions or individually question existing jurors regarding any fear for their personal safety. Defendants had expressed concern that they would not receive fair trial if jury actually feared for their personal safety, and any concern by Dist. Ct. over delay caused by questioning jurors about any safety concerns was insufficient reason not to conduct individual voir dire. Moreover, Dist. Ct.’s directive to jury at end of trial to continue their deliberations at time when jury had previously been given permission to go home for day, and at time when it was apparent that there was only single juror holdout for conviction was coercive.