How One Word Turned a Guilty Verdict into a Mistrial

Peter G. Verniero was asked about a situation in which a federal court jury returned a verdict, and when the judge polled the jury, one of the jurors said he did not agree with the verdict, resulting in a mistrial.

“‘This is an unusual situation,’ Peter G. Verniero, a member of Sills Cummis & Gross PC and a former New Jersey Supreme Court justice, said when told about the outcome. ‘Polling jurors typically is a formality. But, as illustrated here, it’s an important step in confirming the verdict. Although it’s hard to say how something like this could have been avoided, the polling function remains a vital aspect of trial in assuring the accuracy of the result.’”