2 jurors in Andrew A. Fahie’s trial change their minds about guilty verdict!
The Miami federal jury found the ex-[British] Virgin Islands premier guilty of conspiring to import cocaine into the United States and three related money laundering and racketeering charges on February 8, 2024, and he is scheduled to be sentenced on April 29, 2024.
Guilty verdicts of Fahie thrown into question
The Miami Herald reported today, February 12, 2024, that the two jurors contacted the judge to tell her they really didn’t share the views of the other panelists and changed their minds about the defendant’s guilt. But it was too late.
It said Williams, federal prosecutors and Fahie’s defense attorneys find themselves grappling with an extremely rare, if not unprecedented, legal question: If the jurors were already polled and discharged, can the judge bring them back into court and re-poll them on their trial verdicts?
According to the Miami Herald, historically, in South Florida and other regions of the country, the answer would be no — unless there was some “external pressure” put on the jurors by outsiders or someone on the jury made racist comments about the defendant, Fahie, who is Black. There doesn’t appear to be any evidence of either in the case.
Further complicating matters, according to the publication: There are severe restrictions under the Constitution as to how much a judge, prosecutors and defense lawyers can inquire about a jury’s deliberations.
“I’ve looked at all the other cases and, unsurprisingly, there’s none with this exact scenario,” Williams told both sides during an unusual post-verdict hearing in Miami federal court on Monday, February 12, 2024. “I have extremely limited avenues to explore.”
Miami Herald reported that Federal prosecutors argued that the judge must stick to the four unanimous guilty verdicts by the 12 jurors because they have been discharged of their duties — unless there has been a “mistake” on the verdict form.
“I don’t think there’s a mistake on the verdict form,” said Assistant U.S. Attorney Kevin Gerarde, who argued that “it doesn’t matter” at this point if two of the jurors didn’t agree with the other 10 because they were polled in court and discharged from their duties.
Request for a new juror poll
Fahie’s main defense lawyer, Theresa Van Vliet, acknowledged that she has been unable to find any case that is “spot on” with the post-verdict scenario of her client’s trial, but she urged the judge to poll the two jurors in question, if not all 12.
“We’re not suggesting some free-wheeling inquiry,” Van Vliet told the judge, pointing out that Fahie faces a mandatory minimum sentence of 10 years up to life on the main cocaine-import conspiracy conviction
“All we’re asking is for those two jurors to be brought in and be polled [again].”
Miami Herald stated that Van Vliet also threw a curve ball into the proceeding when she disclosed that one of the two jurors had left a voice mail message on her law firm’s phone. She said that neither she nor Fahie’s second attorney, Joyce Delgado, listened to the recording.
After some discussion, Judge Williams proposed that both sides listen to the voice-mail recording privately and report back to her. Williams ordered both sides to file motions by this Thursday to address the unique legal problem and suggest possible solutions.
According to the Miami Herald, ultimately, the judge could let the verdicts stand or declare a mistrial, requiring Fahie to face another trial with a different jury.
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76 Responses to “2 jurors in Andrew A. Fahie’s trial change their minds about guilty verdict!”
Why did they mention his skin color? It’s not relevant to whether or not a racist comment was made.
You all like to use God’s name when it conveniently suits you.
Are you insane? Referring to this man as if he is Christ? Calling him “Our Savior”?
You must be joking.
I warning you stop mocking God. If you have nothing good to say and type hush and stop letting your fingers get ahead of your brains. GOD IS NOT TO BE MOCKED HE KNOWS YOUR HEART AND WHO YOU ARE HERE HIDING BEHIND FAKE NAME. YOU CAN HIDE FROM MAN NOT GOD.
The skull them working….somebody &^%$ the monkey man
ACCUSTOMED TO GO DOWN ON HIS KNEES WITH HIS TWO HANDS IN THE AIR , SO THAT SHOULDN'T BE TOO HARD FOR HIM ???? . ( TO EACH HIS OWN
:) ???? ???? ????
Stay tuned for more. All 12 will change their minds.
Every phone will be seized, every footstep will be back tracked, every restroom brreak will be rewind and every home surveillance will be reviewed and the Fire will turn cold. Prophecy that you dirty evil monster
Personally, I think the lady who made the deal (including the deal on the side) did worse. But the man who was the Premier should have known better, and should have protected his country and it’s People, by saying “No” to criminal drug activity.
On another note, since when can jurors change their minds after a verdict?