| | Sent to consider their verdict, the jury remained hung, unable to unanimously declare Iva's guilt or innocence. The judge issued the jury with an “[[Allen charge|Allen Charge]]”, informing them - in contravention of the guidelines of such a charge - that the trial had already cost the U.S. government over half a million dollars, before instructing them to resume deliberation and bring in a verdict. | | Sent to consider their verdict, the jury remained hung, unable to unanimously declare Iva's guilt or innocence. The judge issued the jury with an “[[Allen charge|Allen Charge]]”, informing them - in contravention of the guidelines of such a charge - that the trial had already cost the U.S. government over half a million dollars, before instructing them to resume deliberation and bring in a verdict. |
| − | In their final determination, the jury found Iva not guilty on seven of the eight counts, returning a guilty verdict on one count (Count VI), which read, ""That on a day during October, 1944, the exact date being to the Grand Jurors unknown, said defendant, at Tokyo, Japan, in a broadcasting studio of The Broadcasting Corporation of Japan, did speak into a microphone concerning the loss of ships." (This was based on an allegation she made reference to the loss of U.S. ships during the [[Battle of Leyte Gulf]]). This charge carried a minimum possible sentence of five years imprisonment and a $5,000 fine; the maximum penalty was death. Once again, going against the consensus, who were expecting the minimum penalty, the judge sentenced Iva to 10 years in prison and a $10,000 fine, with Collins, her lawyer, describing the verdict as "Guilty without evidence". | + | In their final determination, the jury found Iva not guilty on seven of the eight counts, returning a guilty verdict on one count (Count VI), which read, ""That on a day during October, 1944, the exact date being to the Grand Jurors unknown, said defendant, at Tokyo, Japan, in a broadcasting studio of The Broadcasting Corporation of Japan, did speak into a microphone concerning the loss of ships." (This was based on an allegation she made reference to the loss of U.S. ships during the [[Battle of Leyte Gulf]]). This charge carried a minimum possible sentence of five years imprisonment and a $5,000 fine; the maximum penalty was death. Once again, going against the consensus, who were expecting the minimum penalty, the judge sentenced Iva to 10 years in prison and a $10,000 fine, with Collins, her lawyer, describing the verdict as "Guilty without evidence". At the time, her conviction made her only the seventh U.S. citizen to be convicted of treason. |
| | She was sent to the Federal Reformatory for Women at Alderson, West Virginia, where as Prisoner 9380-W, her official classification was as a “notorious offender”. Despite this, and initial hostility from the inmates (which included Kathryn Kelly, the wife of George “Machine-Gun” Kelly), Iva was soon regarded as a model prisoner for her work around the prison and her recently discovered official prison record <ref>[http://www.dyarstraights.com/orphan_ann/alderson.html A copy of Iva Ikuko Toguri D'Aquino's prison record]</ref> found in the Bureau of Prisons “Notorious Offenders” files in the National Archives, speaks most eloquently for itself. For a time she shared a cell with Mildred Gillars Sisk, who was serving a 10 to 30 year sentence for treason, for her “Axis Sally” radio propaganda broadcasts from Berlin. | | She was sent to the Federal Reformatory for Women at Alderson, West Virginia, where as Prisoner 9380-W, her official classification was as a “notorious offender”. Despite this, and initial hostility from the inmates (which included Kathryn Kelly, the wife of George “Machine-Gun” Kelly), Iva was soon regarded as a model prisoner for her work around the prison and her recently discovered official prison record <ref>[http://www.dyarstraights.com/orphan_ann/alderson.html A copy of Iva Ikuko Toguri D'Aquino's prison record]</ref> found in the Bureau of Prisons “Notorious Offenders” files in the National Archives, speaks most eloquently for itself. For a time she shared a cell with Mildred Gillars Sisk, who was serving a 10 to 30 year sentence for treason, for her “Axis Sally” radio propaganda broadcasts from Berlin. |