P 281840Z SEP 81
FM SAN FRANCISCO (89A-250) (P) (SQ. 10)
TO DIRECTOR (89A-4286) (ROUTINE)
Re San Francisco teletype to Director, dated September 3, 1981.
On September 26, 1981, jury in captioned case returned to court and advised that they were deadlocked. Judge requested further deliberation and on Saturday, September 26, 1981, jury requested additional testimony to be read.
On the afternoon of September 26, 1981, jury advised court that they were hopelessly deadlocked on all four counts. Government made motion to judge that “Allen” instructions be given to the jury. Defense objected and judge ruled that he would not give “Allen” statement. Judge declared mistrial on basis of deadlock and dismissed jurors. Judge set October
PAGE TWO SF (89A-250) UNCLAS
1, 1981, for hearing to set new trial date.
As the Bureau is aware certain critical evidence set forth in referenced teletype was denied. US Attorney’s office anticipates immediately filing appeal before Ninth District Court of Appeals for decision on those points of evidence based on appellate court decisions, interviews with dismissed jurors, review of facts, and direction from Department of Justice. The US Attorney’s office will make a determination as to desirability of retrial.
It is anticipated that the US Attorney’s office will go forward with retrial.