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United States v. Thomas | 116 F.3d 606 (1997)
Nullification is a juror’s purposeful refusal to apply the law when reaching a verdict. A trial court can dismiss a sitting juror who is dead set on disregarding the law. United States versus Thomas demonstrates that dismissal is only warranted if there’s clear proof that the juror plans on nullification.
Grady Thomas and a group of defendants were tried on federal narcotics charges. All the defendants were black. During jury selection, juror number five was the only black person remaining as a potential juror. The court rejected the prosecution’s attempt to have him excused with a peremptory challenge. Juror number five became the only black juror.
During the trial, other jurors complained that juror five was distracting. He rustled cough drop wrappers and occasionally blurted out his agreement with defense arguments. The judge conducted interviews with jurors to ensure they could carry out their duties and deliberate with juror five. After conducting interviews, the court concluded there weren’t grounds to remove juror five.
The jury entered deliberations, and other jurors again complained about juror five. Apparently, he was dead set on acquitting all the defendants. Some jurors believed that he favored acquittal for racial reasons, in solidarity with the black defendants. Other jurors believed he favored acquittal because economic necessity justified the defendants’ drug crimes. Still other jurors believed he favored acquittal because the evidence against the defendants was insufficient or unreliable.
The judge conducted another round of interviews. Juror five said nothing suggesting that he didn’t intend to apply the law as instructed. He said he needed proof beyond a reasonable doubt to render a guilty verdict.
The judge concluded that juror five had based his refusal to convict on impermissible preconceived beliefs and dismissed him from the jury. The remaining eleven jurors found Thomas and several other defendants guilty. They appealed their convictions to the Second Circuit.
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