"The ACLU characterized Cannone's mistrial declaration as 'hasty' and argued the lower court erred in denying a request from Read's lawyers to conduct a post-trial hearing to see whether the jurors' reports were true."
"The trial court had a clear path to avoid an erroneous mistrial: simply ask the jurors to confirm whether a verdict had been reached on any count," the ACLU's attorneys wrote.
"Given such overwhelming evidence of the jury's agreement on Counts 1 and 3, a post-verdict evidentiary hearing must be ordered to safeguard Read's double jeopardy rights."
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