According to the news, and as we all have heard by now, the Prosecution in this case now wants to separate the defendants for the re-trial. Typically, when co-defendants are indicted together, they are tried together apparently. The Judge in this case was quoted as saying, "You indicted them together," Judge Thompson told federal prosecutor Edward Kang. "You deal with the consequences." Of course, this prompted one of the defendants attorneys to claim that the government is trying to "change the rules".
I also noticed that the Prosecution wants permission to interview some of the jurors from the first trial to try to find out why they could not reach a verdict. I think this may be going a bit too far. Our justice system provides for a jury trial so that a defendant can be tried by a jury of his/her peers. Interviewing these jurors is akin to having the prior jury tell them what they need to do differently the second time around in order to obtain the convictions they seek. I don't think the jury system was formed for this purpose.
Unless the prosecution has new or different evidence, I think this whole re-trial thing is a huge waste of money in a time when almost every municipality, business, and individuals is seeking ways to operate more efficiently and economically.
What do you think???? Should the prosecution be able to interview the prior jurors to see "what they did wrong" and have these prior jurors basically do their jobs for them?
Looking forward to your comments on this.
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