Did the trial court err by taking a partial verdict on the ten counts on which guilty verdicts were returned?
Under Maryland law a defendant is entitled to a unanimous verdict. A jury of 12 in the Circuit Court for Baltimore City was deliberating on a case with three co-defendants, charged with numerous counts of homicide, assault, and other crimes in September 2003. On the second day of deliberation, a Thursday, with Maryland under a state of emergency with Hurricane Isabel approaching, the court announced that the court would close at 1:00 p.m. and the city subways would close at 2:00 p.m. A juror who had indicated at voir dire that she had a prepaid vacation said she could not return on Monday. The defense attorneys refused to accept a verdict by an 11 member jury. The judge then had the jurors polled, and, over defense objections, took verdicts of conviction and acquittal on some counts and declared a mistrial as to the counts on which there was no verdict at that time.
What will be an ideal response?
Yes. Convictions reversed and case remanded.
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