Retrial After ‘Scary Man’ Mistrial Would Violate Double Jeopardy

A Hawaii manslaughter defendant won’t face retrial following a mistrial that was declared after jurors expressed concern for their safety because of a scary-looking man in the courtroom.

Retrying Royce Gouveia would violate his constitutional right against double jeopardy, the U.S. Court of Appeals for the Ninth Circuit said June 12.

Jurors saw a menacing-looking man on the prosecution side of the courtroom before they retired to deliberate. The jury reached a verdict but before it was announced, jurors said they were frightened by the man. All the jurors said their verdict was unaffected by his presence.

Nonetheless, the Hawaii ...