Is there any evidence that defense counsel deliberately changed the outcome of a jury trial to avoid a potential appeal?

The only conclusion possible from this record is that defense counsel, fully aware of the existence of the problem that is now pressed upon us, deliberately chose to proceed with the original jury to create a no-lose situation: either a not guilty verdict would be returned or an arguably tainted guilty verdict would provide a basis for appeal. We strongly disapprove such a "gamesmanship approach to criminal justice." United States v. Kopel, 552 F.2d 1265 at 1275-1276 (7th Cir. 1977).

560 F.2d at 297.