P. v. Cingoz CA1/2
The relationship between judge and jury is never more fraught than during the jury deliberation process, particularly when, as in this case, the jury has reached an impasse. On the one hand the judge must afford the jury sufficient autonomy to conscientiously reach no verdict; on the other hand it must urge the jury without improper pressure to reach a fair and impartial verdict. Because the judge exercises unusually strong influence over a deadlocked jury, he or she must deal with the tension between these functions with the greatest of care. Unfortunately, that was not done in this case.
Appellant Iskender Cingoz, a 67-year-old citizen who came to the United States from Turkey when he was 26, and has no prior criminal record, was found guilty by a jury of one count of committing sexual acts with a child 10 years of age or younger (Pen. Code, § 288.7, subd. (b)), and five counts of committing lewd acts upon a child under age 14. (§ 1203.066, subd. (a).)
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