In prosecution on Medicare and insurance fraud claims, Dist. Ct. did not err in refusing to recall jury three days after jury rendered its guilty verdict to conduct hearing on claims made by one juror that jury members committed misconduct by expressing dislike for defendant at start of instant trial. Requests for hearing on alleged jury misconduct are generally not permitted under Rule 606(b), since hearing would involve evidence about jury’s deliberations, and while Dist. Ct. discussed at length defendant’s challenge to jury’s verdict, it was entitled to ultimately find that mistrial was not warranted, where instant alleged pre-deliberation discussions by juors may have pertained to defendant’s likeability rather than his guilt or innocence. Moreover, Ct. emphasized that Dist. Ct.’s handling of complaints concerning jury’s conversations prior to deliberations are entitled to great deference.
Federal 7th Circuit Court
Criminal Court
Jury Misconduct