Sunday, August 14, 2022

Possible Mistrial Motion by Defense Concerning Juror Misconduct in Michigan Governor Kidnapping Conspiracy Trial

Defense counsel in the Whitmer kidnapping federal trial has filed an allegation that one of the sitting jurors told coworkers she wanted to serve on the jury, had prejudged the case and wanted a particular result.  The lawyer's filing was made after the second day of trial and was briefly available but since sealed.   The trial judge has indicated that an in-chambers (in camera) questioning of the juror will occur without defendants or attorneys present.  Their request to be present was denied.  I will update this post as matters progress.  However, it is a red flag as the in-chambers questioning could be found by an appellate court to be a crucial stage of the proceedings at which the defendant must be allowed to be present.  Stay tuned.

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