GOVERNMENT OF THE VIRGIN ISLANDS V. GEREAU
523 F.2d 140 (3rd. Cir. 1975)
NATURE OF THE CASE: This was an appeal from a first degree murder conviction and denial
of a motion for a new trial.
FACTS: Ds were convicted of first degree murder. The jury returned the verdict after nine
days of deliberation. The jurors were polled and each acknowledged the verdict as his own.
Two days later Ds filed a motion requesting a new trial on the ground that the verdict had
not been freely assented to by all the jurors. Juror Cappin testified that one of the jury
attendants spoke to her about the case and told them to hurry up as she, the attendant
wanted to go home. The jury attendant, Matron Foye denied the conversation. The trial judge
found both women to be credible witnesses but chose to believe Foye rather than Cappin as he
personally knew that Foye was grateful to earn extra income as a jury matron. D's appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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