United States v. Dean, No. 13-2982 (7th Cir. 2015)
Annotate this CaseDaniels, Dean, and Jones were indicted for several 2005 armed bank robberies in the Chicago area. Dean moved to sever the cases. The prosecution argued that joinder was appropriate because the defendants participated in a ‘same series of acts or transactions, involving the same modus operandi, and the same crew. Some of that crew cooperated and testified. The court denied the motions. Before trial Jones pleaded guilty. Dean and Daniels were tried jointly. Daniels was not in the courtroom; the court barred him based on his pretrial conduct and his refusal to promise that he would behave appropriately during trial. Both were convicted of armed robbery and related gun offenses. The jury was polled and each juror agreed with the verdict. However, a juror later informed the court that she had felt bullied and wanted to change her vote. The Court Officer informed Daniels’ attorney that he had observed the juror in the hallway outside the jury room and that she had complained of having a panic attack. The court learned that the juror had left the room after deliberations, concluded that the juror merely expressed concerns related to internal deliberation, and found that further inquiry was not appropriate. The Seventh Circuit affirmed, rejecting challenges to evidentiary rulings, to the exclusion of Daniels from the courtroom, and to the handling of the juror’s concerns.
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