Friday, December 16, 2016

Juror Visits Scene of Crime Resulting in New Trial, Eventual Discharge From Employment for Misconduct as Juror

Here is a link to a VT Supreme Court decision sustaining the dismissal from employment of a state worker who committed misconduct as a juror during a federal capital murder jury trial.  The juror visited the crime scene contrary to the judge's instructions and shared his observations with his fellow jurors.  Five years later he revealed these facts to the defendant's attorneys and signed an affidavit about what he had done.  However, under oath in a post-trial hearing in federal court he denied what he had admitted in his sworn affidavit, thereby compounding his misconduct.   The murder conviction was vacated and a new trial ordered.  News of his misconduct got to his supervisors and he was fired.  He filed a grievance.  His firing was sustained by the VT Supreme Court.


The federal court found this juror had displayed "brazen disobedience, dishonesty, and unwillingness to decide the case based upon the evidence presented at trial."  He was terminated from state employment for gross misconduct related to his fitness to serve as a state employee.


https://www.vermontjudiciary.org/LC/Supreme%20Court%20Published%20Decisions/op16-123.pdf

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