A Judge Has Vacation Blues

And the accused go free

After deliberating for twelve hours in 1971, a jury in New York City was split 11 to 1 in favor of convicting a defendant of first-degree robbery. But Justice Arnold G. Fraiman could wait no longer for a unanimous verdict. Having announced earlier: "I have another engagement," he declared a mistrial and dismissed the jurors. The engagement was a European vacation with his wife, who reportedly was waiting in the courthouse with their suitcases. Another judge dismissed the charges because retrying the defendant would violate his constitutional right against double jeopardy.

Last week another man won his freedom because of Fraiman's respect for vacations. This time the case involved a defendant who was accused four years ago of robbery, burglary, rape and sodomy.

Several days into the 1975 trial, the defense lawyer asked for a delay because his father had died. But Fraiman was about to leave on vacation again, as were several jurors. This time Fraiman offered to postpone his own vacation but did not order the jurors to do so. Instead, he declared a mistrial and dismissed the jury.

The defendant was later convicted, but last week New York's highest state court set him free because his second trial constituted double jeopardy. Fraiman, who is considered a hard-working judge by his colleagues, still insists that his actions were justified. Said he: "If you check out my reputation for putting in long hours, you'll find I'm the first in chambers every morning and one of the last to leave every night."

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