Sequester Jurors During Trial of Former President?

 Referring you to my post dated 12-17-22, in light of alleged threats against the federal prosecutor and his family, should jurors in any trials of the former President be sequestered during the entire trial, not just during deliberations?  Even disregarding the exorbitant cost, logistical issues, and privacy issues, would any jurors be willing to be cut off from family, media, social media, employment, and recreation for weeks on end and serve on such a jury?  Or, would the court even want those so willing to serve given the likelihood of their desire for their "15 minutes of fame": post-verdict media tour, etc?  Or a desire to sway their fellow jurors toward a preconceived verdict?  These are serious questions that need to be discussed at the highest levels of the federal judiciary.

Federal Appeals Court Critical of Trial Judge for Failing to Investigate Juror Bias

 The Fifth Circuit Court of Appeals found that the trial court in U.S. vs. Gemar abused its discretion by failing to investigate juror bias alleged when juror was found to have been a close friend of the defendant's wife.  The trial judge failed to hold a hearing and the appeals court remanded the case for the court to conduct one.  The juror had attended a school dance with her in 1995 or 1996, attended Gemar's wedding, and had been friends on social media.  Gemar's wife had been present in the courtroom during the trial.  

United States v. Gemar, No.21-30666 (5th Cir. Apr. 19, 2023)

Juror Sharing Newspaper Articles About Defendant with Fellow Jurors Results in Mistrial

 In Wichita, Kansas, on 4-26-23 the judge declared a mistrial in the Javan Ervin first degree murder trial after it was determined a juror had shared newspaper articles about the defendant with fellow jurors.  The District Attorney commented to the media that the average murder case requires 250 lawyer hours to prepare for trial.  That trial must now be redone due to a careless citizen's lack of good judgment and, frankly, utter disregard for the judge's instructions and the law.  The trial was reset for June 5, which is quite astonishing considering the crowded calendars of most courts.

Link:  https://greatbendpost.com/posts/2ece48a5-02e6-48e5-b064-98c424c9b378

Soliciting Comments from You

 I have had this blog for nearly 12 years with very few comments.  If you find the posts interesting, not interesting, lacking in something, PLEASE comment.  Thank you in advance.

Arrogant and Threatening Laughing Spectator Jailed

A spectator who had pointed and possibly intimidated jurors in a lengthy British trial was represented by counsel when his punishment for contempt of court was argued.  Nevertheless he was sentenced to jail for his conduct.  Here is the link:

https://news.yahoo.com/court-spectator-jailed-laughing-jury-133622145.html

Once Again, Jurors Do Not Lose Constitutional Rights When They Report for Duty

 In North Carolina in October 2022 a judge found a juror in contempt of court for violating the judge's personal requirement that jurors in his courtroom wear a mask.  Signs posted in the courthouse indicated no masks were required and court staff were not wearing masks.  Nevertheless the prospective juror was ordered jailed for 24 hours.  

I make no comment about the mask requirement.  But I repeat again that jurors and anyone appearing in court, including spectators, do not abandon their rights at the door.  If a judge observes possible juror misconduct or such is alleged, summary punishment is not appropriate.  The trial should be paused briefly for investigation by law enforcement (if no jury impaneled, excuse the juror),  the alleged miscreant should be given a Miranda warning and afforded appointed counsel, and no questioning should occur without counsel present.  

See prior posts on 2-17-23 and 11-15-22.