Not guilty? Just replace the jury!

Senator Wayne James was a member of the legislature of the US Virgin Islands (a US protectorate). He obtained money from the legislature ostensibly for researching and producing a documentary regarding the 1878 Fireburn rebellion, a notable historical revolt that had occurred on the island.

However, Senator James used the money for other purposes, such as funding his reelection campaign. Oops! That's a violation of 18 USC 666 (heavy metal - rock on!).

At trial, the jury returned a verdict of not guilty. Presumably, Senator James breathed a sign of relief. But then the judge made an unusual ruling - he removed one of the members of the jury, and replaced the juror with an alternate. He then ordered the jury to begin its deliberations over, this time returning a verdict of guilty!

At sentencing, Senator James was sentenced to 30 months imprisonment.

But doesn't that violate double jeopardy? What about due process?

In today's legal analysis, we discuss the crimes and conviction of Senator James, double jeopardy, due process, and the legitimacy of the the court's decision.

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