Individualized Allen Charge Too Coercive; New Trial Granted

US v. Zabriskie, 2005 WL 1649210, 10th Cir.(Utah), Jul 14, 2005: The COA concludes that there was sufficient evidence to support the convictions of a criminal defense attorney and his son for harboring and concealing a fugitive, in violation of 18 USC 1071, where there was evidence one of them procured false identification for the fugitive, communicated with and financially assisted the fugitive's daughter on his behalf while providing her with a false address in France to throw law enforcement officers off the fugitive's trail, disposed of property that could have assisted law enforcement in identifying the fugitive, and received and stored stolen property for the fugitive. However, the Zabriskies get a new trial because the trial judge gave a single juror a modified Allen instruction during an ex parte colloquy with him while deliberations were proceeding. That was just too coercive.