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A juror sat through the absoluteness of the federal artifice balloon for above agent Wayne James afterwards a close of basal acknowledged concepts or the English language, and her abridgement of compassionate was alone apparent aback she could not acknowledgment “yes” or “no” aback polled about the verdict, according to cloister records.

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James was accusable by a federal admirable board on Oct. 1, 2015, and accused of burglary about $70,000 aborigine money over the advance of his distinct appellation as a St. Croix agent in the 28th Legislature in 2009 and 2010 to pay off claimed debts and armamentarium biking and active expenses. James’ plan to bamboozle the government began as a accepted assay into the history of the 1878 Fireburn activity insurgence on St. Croix, but prosecutors alien affirmation assuming that James affected a arrangement in which he bogus affected identities and invoices to bamboozle added aborigine money from the government for his claimed gain.

The board begin James accusable on Aug. 15 on two counts of wire artifice and one calculation of federal affairs embezzlement. James, 56, was adjourned to the aegis of the U.S. Marshals awaiting sentencing on Dec. 20 and could face up to 20 years in prison, as able-bodied as budgetary fines.

James’s federal accessible defender, Omodare Jupiter, has filed a motion for a new trial, arguing that the attendance of a juror who could not accept or acknowledge what was accident irreparably attenuated the proceedings, and the actuality that she was replaced by an alternating does not cure the basal issue.

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Prosecutors accept filed a motion in opposition, arguing that “replacing a juror for acceptable account and restarting deliberations with an alternating is uncontroversial. The actuality that the cloister did it actuality afterwards polling the board and advertent that a juror had English delivery limitations does not change the ysis. The cloister acted able-bodied aural its discretion.”

Trials absorb a voir acute action during which prosecutors and aegis attorneys assignment to actuate which jurors should be alleged to apprehend a case, but this accurate juror allegedly fabricated it through that absolute action afterwards answering a distinct question, according to Jupiter’s motion.

Jupiter said that aback jurors were polled on their adjudication in the case, a woman articular as Juror No. 103, who was positioned in bench No. 8, did not acknowledge and “the bashful juror afresh angry to the juror in the bench aing to her and began blurred something.”

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The agent asked afresh “Seat 8, is this your absolute verdict?” and the woman eventually answered, “Yes I do.”

“The abrupt silence, followed by unintelligible mumbling, and afresh a aberrant acknowledgment of ‘Yes I do,’ was puzzling, but the action connected for the added jurors,” Jupiter wrote.

U.S. District Cloister Judge Curtis Gomez alternating to Juror No. 103 and asked afresh for her absolute verdict, to which she afresh had adversity responding.

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Gomez afresh thanked jurors for their account with a admonition that “your account is not yet over as a juror for this court” and they should acknowledge if called, according to the motion.

Jupiter abiding Gomez to catechism Juror No. 103 individually, at which point he said it became bright her compassionate of what had aloof transpired was woefully lacking.

“When the cloister asked her for her juror number, she responded by giving her name,” according to the motion. “When the cloister asked if she understands English, she responded, ‘Yes I do. Okay, I cannot watch too abundant English for I apperceive I accept everything.’”

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Jupiter wrote that the juror “provided answers that contradicted what the cloister and admonition observed,” and “could not acknowledgment basal questions about what happened during the polling that occurred account earlier.”

In addition, she denied speaking Spanish while in the board box, adage “No. The sound, I allege in Spanish for everybody allege English,” according to the motion.

Gomez bent that the juror was absolutely unfit to serve, accustomed the actuality that jurors had been accepted to apprehend abundant cloister abstracts in English and chase basal balloon procedures.

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He denied a motion for a mistrial by James, and instead brought aback 11 of the aboriginal 12 jurors about an hour afterwards they had been polled and began deliberations with an alternating as a backup for Juror 8.

“Less than two hours later, they a the cloister that they accomplished a adjudication which was the aforementioned as the one ahead accomplished — accusable on all three counts,” Jupiter wrote. “While there were several flaws that accompanying to board deliberations in this case, the best arrant and absolute one occurred aback the cloister abandoned the federal rules by substituting a juror afterwards polling appear a abridgement of unanimity.”

The woman’s disability to accord a bright adjudication meant the jury’s accusable adjudication was not unanimous, and the accordant cloister aphorism “only allows the cloister either admission a mistrial or abide deliberations with the aforementioned twelve jurors,” Jupiter wrote.

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“In Mr. James’ case, the cloister accurately begin that deliberations could not abide with Juror No. 103. The cloister did not, however, accept the advantage of backup and to alpha deliberations anew,” Jupiter argued. “It is far above the anemic of anyone’s acuteness to anticipate that eleven bodies could about advertise their acceptance that they accept begin their adolescent aborigine accusable as charged, and afresh chase an apprenticeship to act as if they are because the aforementioned questions and balloon affirmation anew. Both deliberations abandoned the Federal Rules of Criminal Procedure, the Fifth and Sixth Amendments to the United States Constitution, as able-bodied as the basement attempt associated with the adherence of board deliberations.”

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