Q: Please could someone please tell me if this is a form of colluding? BE HONEST.
Judge: Defense counsel are you going to be mentioning anything about a prior hung jury? DC: I mean your honor and I may say this is not exactly what my client... I do think it’s the best interest that I mean... I don’t really think we should even mention that there was a trail, I believe that there is evidence and if they do an Internet search it’s not going to be admissible in this case as well as the fact that he almost 11 to 1 almost guilty and I don’t want to be on a roll and then they’re like oh yeah they mention this like and then they look it up and they say oh OK I got to vote like... it’s fine to say oh have you testified previously have you testified in a previous hearing that would be my thoughts about that. Judge: and I don’t understand your thoughts so do you agree not to mention the fact the 1st jury did not reach a unanimous decision? DC: yes, why mention it. Just tell your witnesses to say it was a hearing, not a trial. Judge: Ok good. DA: yeah I can that, OK Fine.
A: the inquiry does not sound like colluding... and if not in the presence of the jury probably proper.
David Michael Lehr agrees with this answer
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