United States v. Cash Joseph Bonas

We consider whether the record supports the district court’s finding of manifest necessity justifying a mistrial. We conclude that it does not.

Facts

Cash Bonas is a lawyer who filed a class-action suit against three supermarket chains — Ralph’s, Von’s and Lucky’s — alleging price-fixing of eggs. The supermarkets were represented in that litigation by a cadre of name-brand Los Angeles law firms. Bonas and his client lost after a jury trial. According to the government, Bonas then began harassing defense counsel with a barrage of e-mails and voicemail messages. The messages increased in frequency and intensity, leading the firms to tighten their security and even add armed guards.

The government indicted Bonas for violating 18 U.S.C. § 875 (c) by making threats in interstate commerce. Trial commenced and was expected to last three to four days. On the first day, the district court empaneled a twelve-person jury and two alternates, and the government began its case. On the following morning, the district judge made the unexpected announcement that “the jury service people did not make [an] inquiry [into possible financial hardship], and for that reason, as soon as we…