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1/ This story about the folly of predicting jury timing was recounted to me by the District Court judge for whom I clerked, Judge Herbert N. Maletz. I can't vouch for its authenticity, but I can vouch that this is exactly the way I remember him telling it to me in 1995.
2/ Judge Maletz used to sit on the United States Court of International Trade, which did not sit in the summer. Judge Maletz would "ride circuit" and hear cases in the District of Maine, while his wife and son had a vacation.
3/ This case happened sometime in the 1970s, before the introduction of the Sentencing Guidelines.
There was a defendant on trial for bank robbery. The evidence was overwhelming and the AUSA had made a favorable plea offer, which the defense counsel recommended that the defendant take.
4/ The defendant declined to take the deal and insisted on a trial.
The trial started on a Monday, with jury selection.
Opening arguments were Monday afternoon, with the first witnesses called that day. The government rested on Tuesday. The defense did not present a case.
5/ The closing arguments were finished before lunch. The jury was instructed just after lunch on Tuesday.
Judge Maletz's final instruction to the jury was that they should retire to the jury room to deliberate, and they should start by selecting a foreman of the jury.
6/ With that, the jurors went to deliberate. The counsel & court staff were betting whether a guilty verdict would be returned in the hour left before 5 pm.
The jury did not return a verdict on Tuesday.
They came into court on Wednesday morning & were instructed by Judge Maletz to go deliberate.
7/ There was no verdict returned on Wednesday, nor were there any notes. Defense counsel became to become more hopeful that there might be a hold-out juror, but the AUSA was steadfast in his belief that it was open-and-shut case.
