Appellant McCowen Brief - Mass Cases

perfunctory dismissal was error. "Although a mistrial
may be expensive in both human and monetary costs," a
trial court cannot trample on a cximinal defendant's
rights simply to avoid those costs. Connor, 392 Mass. at
844.
The jury was deadlocked when the trial court
subtracted Huffman from the equation and a mistrial hung
in the balance. A month-long, high-profile investment
was in jeopardy and the court thought Hu€€m&n was the
cause. Post-trial hearings revealed the true situation;
Huffman was a critical participant in deliberations,
ensuring all jurors were heard. A trial court has at
most limited discretion to determine a juror is unable
to perform; that inability must appear in the record as
a demonstrable reality. People v. Compton, 490 P.2d 537
(1976). Huffman took a call from her child's father,
with critical daycare issues Looming, after sudden
sequestration. She neither said nor did anything to
warrant removal. If she had, it wouldn't matter: a
hearing is required. The trial court's failure to hold
one constitutes reversible error. From the recorded
call, the court jumped to unwarranted conclusions :
Huffman lied about her relationship with her child's
father, watched the news, and harbored negative feelings
toward law enforcement. Tr. 3798-3802.
-28-