When a Columbia County, N.Y., jury last week reported it had reached a verdict in a robbery case, and then reported that the verdict was guilty, defense lawyer Robert W. Linville figured it was all over for his client. But as every criminal defense lawyer is taught to do, Linville requested a poll of the jurors in open court -- an exercise usually akin to rubbing salt in an open wound.
Juror No. 1 confirmed his verdict was guilty, but then Juror No. 2 shocked everyone in the courtroom by reporting that guilty was not her verdict.
"Everybody was stunned," said Linville, an assistant public defender in Columbia County. "It blew out the verdict. They'd already convicted the guy on count one, and we hadn't even gotten to count two."
The jury was sent back for further deliberations. After several hours, "[t]he jury again reported it had a unanimous verdict. This time, it was 12-0 for acquittal."
"I've never seen anything like this before," said [David M.] Costanzo, the prosecutor. "It is unique."
Details here from the New York Law Journal via Law.com.