United States Second Circuit

Order holding that retrial of defendants would not violate the Double Jeopardy Clause and denying motions to bar retrial and dismiss the indictment is reversed where: 1) the decision of the trial court that there was "manifest necessity" to declare a mistrial was an abuse of discretion; and 2) a statement by counsel in support of a motion for mistrial, quickly reconsidered, does not preclude the defendant from claiming that the Double Jeopardy Clause bars retrial.

Appellate Information

• Decided 08/27/2007
• Published 08/27/2007

Judges

• KATZMANN, Circuit Judge:, Before:  MINER, KATZMANN, Circuit Judges, and MURTHA, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• David James, Assistant United States Attorney, of counsel, (Eric O. Corngold, Chief Assistant United States Attorney, of counsel, on the brief) for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Brooklyn, NY, for Appellee., Michael S. Sommer (Eugene I. Goldman on the brief), McDermott Will & Emery LLP, New York, NY, for Defendant-Appellant Michael DeGennaro., Bradley D. Simon (Brian D. Waller, Jeremy Weintraub on the brief), Simon & Partners LLP, New York, NY, for Defendant-Appellant Frank Borghese.