United States v. Gerard J. Marinari

KANNE, Circuit Judge.

When does a request to poll a jury come too late? That is the issue presented in this case. Nine days were devoted to the trial of Gerard J. Marinari. The jury deliberations took sixteen hours over two days. The consideration of the case by the jury was difficult. Three declarations of deadlock occurred and frustration was evident. The jury ultimately found Marinari guilty of the one count of criminal conspiracy to distribute marijuana with which he was charged. All jurors signed the verdict form. No oral poll of the jury was taken, however, notwithstanding the request…