United States v. Murphy

I. Background

Appellant Michael Joseph Murphy was charged with viola- tions of 18 U.S.C. § 287 and 18 U.S.C. § 1001 for making false claims and statements in connection with a government contract. After three days of trial, the jury began its delibera- tions on Friday, February 18, 2005.

On Tuesday, February 22, the court received a note signed by the jury foreperson that stated: “We have a dissenting point of view with one juror that will have no possible position change and requests no evidence or willing to participate.” The parties agreed to the court’s proposed response, which stated “The jury’s deliberations must be guided by the Court’s instructions. For that reason, I’m submitting a copy to you for your further consideration.” Later that same day the court received a second jury note requesting the testimony of two witnesses. The court reporter began to read back the testi- mony of those witnesses to the jury. The court adjourned that afternoon before the testimony had been completely reread. UNITED STATES v. MURPHY 4399 The following morning, before the rereading of the testi- mony resumed, the jury indicated to the clerk that it wanted to…