Not Every Failure to Disclose by Juror is Grounds for Mistrial

 I have discussed in other posts the need for the jury questionnaire to use laymen's English, not legalese.  Likewise, questions must be clear.  This was the case in Davis v. State of Arkansas, 2024 Ark. 49, where after a guilty verdict, defense counsel moved for a new trial on several bases, one being that a juror failed to disclose during void dire that her sister worked for defense counsel.  The argument was that if disclosed, that juror would have been excused for cause and another juror seated, therefore the defendant was denied the right to a fair trial.  The trial court's denial of the new trial motion was upheld by the Supreme Court of Arkansas, reasoning that the juror was never asked if any member of her family was associated with either of the attorneys.  The juror in question had no duty to voluntarily disclose this fact as she was never asked that question.

Several times during void dire I asked the panel whether any of them (22) had ever been sued.  No one raised their hands.  Then I asked if any had been divorced.  About half the panel raised their hands.  They didn't think a divorce case was a lawsuit.  Likewise, often they didn't't think a DWI charge was a criminal offense.

Jurors in High-Profile Cases Face Unique Challenges

 An excellent article in the Washington Post on 4-18-24 was written by columnist Philip Bump about his own experience as a juror in a high-profile case in a NY courtroom.  He served over several months, at $40 a day, sitting in the case of financial crimes against persons associated with socialite Brooke Astor,  The case was followed intensely in the media.  One juror was discharged for reading the NY Post in the jury room.  Mr. Bump's experiences in 2009 were likely similar to what the current Trump jurors are going through, yet social media coverage was certainly substantially less 15 years ago.  

Challenges include avoiding, even unintentionally, being exposed to news coverage about the trial, and social media inquiries by friends and family.  The certain financial pressures of those not earning a wage while on jury duty cause undo stress.  And probably most obvious, fear that one's identity will be revealed, leading to threats and coercion by the defendant's supporters.

We owe much gratitude to these jurors serving the administration of justice under difficult circumstances.  

Are Anonymous Jurors Really Anonymous?

 In high profile criminal trials judges will often order that the identities of the jurors shall remain anonymous.  If a party or attorney discloses their identity it can lead to coercion or threats against the juror.  But do they remain anonymous?  If it is disclosed that Juror #10 is a female living in a certain city who works in an elementary school as a paraprofessional, it seems likely her friends and acquaintances, who likely know she is in the jury pool, will conclude she was seated as a juror.  Those friends can then identify the juror on social media, leading to widespread disclosure of their identity.  One juror in the current trial in NY federal court was excused when she reported feeling intimidated because her identity had been revealed on social media.   Protecting parties, witnesses, lawyers, jurors and court personnel from threats or coercion is a serious issue that needs to be addressed in the judiciary and in the media.  In the days ahead we must watch to see if the identities of the sitting jurors are protected. 

The first anonymous jury was a federal trial of drug kingpin LeRoy Barnes in New York in 1977, according to The NY Times.

The judge in the trial in NY allowed the attorneys to know the names and addresses of the jurors, but those names and addresses re shielded from the press and public.  The judge cited "a likelihood of bribery, jury tampering, or of physical injury or harassment of juror(s)."  Of what use are the names and addresses of jurors to the attorneys?  They most certainly have searched each juror's social media presence, history in the courts, and education and employment history.  This basically allows in-depth "cross-examination" of each juror during selection.  An already-seated juror in the NY trial was excused after having failed during examination to reveal his arrest in the 1990's and his wife's investigation for corruption.

In Court there is simply THE TRUTH, not each person's opinion of the truth.

Another "Sleeping Juror" Case

💤😴 A few days ago in western Wisconsin a criminal trial was ongoing against a defendant who allegedly stabbed to death another at the Apple River recreational area.  The State sought to have a juror discharged for being inattentive during the trial and allegedly sleeping.  In a lengthy trial it is concerning to the court to run short of alternates in case another juror is ill or discharged for cause, leading to a mistrial.

The arguments, testimony of a witness to the alleged sleeping, and judge's comments are on YouTube with a transcript.  (Search: Apple River trial sleeping juror). The Motion to discharge the juror was denied.   The defendant was convicted of reckless homicide.

See prior posts here dated 3-1-12 and 12-8-11.