United States v. Thomas (1997)
United States v. Thomas, 116 F.3d 606 (2nd Cir. 1997), was a case in which the U.S. Court of Appeals for the Second Circuit ruled that a juror could not be removed from a jury on the ground that the juror was acting in purposeful disregard of the court's instructions on the law, when the record evidence raises a possibility that the juror was simply unpersuaded by the Government's case against the defendants. The case had important implications for secrecy of the jury deliberation process outweighs the ability to dismiss a juror for nullification. Facts During jury selection for a drug distribution trial, the prosecutor attempted to use a peremptory strike on a black man, empaneled as "Juror No. 5." Because Juror No. 5 was the only black person left in the jury, the defense counsel objected to the strike under Batson v. Kentucky. The court found that the strike was not racially motivated—the prosecutor's stated reason was that the juror failed to make eye contact—but improperly denied the challenge anyways. Following six weeks of trial, half of the jurors approached a courtroom clerk and expressed concerns about Juror No. 5. The jurors "complained that Juror No. 5 was distracting