Juries

Motion to Investigate Jurors

Prosecutors in the Whitey Bulger trial recently requested that they be permitted to run criminal background checks on prospective jurors.  Not surprisingly, Bulger's attorneys are opposing the government's request.  Bulger's attorneys claim that

In this case, there is no compelling reason as to why the Court should verify criminal background information provided by the juror. One’s criminal record is no more relevant to the juror’s fitness to serve on the jury than any of the other inquiries into the juror’s background.

To read the defense's entire argument go here. 

I find this story interesting because juror investigations by both prosecutors and defense attorneys have become quite common.  Thus, I am a little surprised to learn that the government would even first seek permission from the court before researching the jurors.

 

Sequestered and Anonymous Jurors (George Zimmerman Trial)

Yesterday, Mark O'Mara, who represents George Zimmerman, filed a motion for anonymous and sequestered jurors.  As some may recall, Mr. O'Mara is representing Mr. Zimmerman in his upcoming second-degree murder trial for the death of Trayvon Martin.  The motion, which primarily focuses on obtaining an anonymous jury, is available here.  If granted, the motion would not require a completely anonymous jury.  Attorneys and court personnel would still have access to the names of the jurors. 

Historically, anonymous juries were relegated to cases where juror safety was an issue or when the judge thought that someone might try to influence the jury's verdict.  However, judges are now increasingly empanelling anonymous juries in the name of juror privacy.  For more background information on anonymous juries go here.

In filing his motion, Mr. O'Mara asserts that

[T]his case is different than most cases because in this case, in that it is Mr. Zimmerman who requests an anonymous jury.  Mr. Zimmerman believes that juror anonymity will promote an atmosphere in which jurors can hear evidence and deliberate without fear of reprisal or harassment.

Mr. O'Mara also claims that

If this Court fails to protect the privacy of Mr. Zimmerman's potential jurors it will endanger his rights to due process of law and a fair trial by an impartial jury.

The motion also makes several references to the Casey Anthony jurors who were subject to extensive criticism for their verdict.  I am not sure how the government is going to react to this motion but I am sure that the media will seek to intervene and respond.  Generally speaking, if a trial judge wants to use an anonymous jury, she has to make factual findings as to why one is necessary.

 

Whitey Bulger Juror Questionnaire

Here is the Whitey Bulger Juror Questionnaire.  As some may know, Bulger has been indicted for 19 murders.  Many if not all of the murders allegedly occurred while Bulger, an organized crime figure, was working as a government informant.  For more information about Bulger go here.  

The questionnaire appears fairly straightforward.  I have excerpted some highlights below.

37. In this case, there will be evidence that the defendant was a member of a criminal organization that engaged in violent crime and financial crime. Do you have any concerns regarding organized crime that would prevent you from acting as a juror in this case?

Yes ____ No

If yes, please explain:

 

38. Have you read any book(s) regarding organized crime in Boston?

Yes ____ No

If yes, please list the title of each book you’ve read and provide a brief description.

 

42. Several witnesses in this case have participated in the criminal activity alleged in the indictment. Will the fact that a witness has been involved in the criminal activity alleged in the indictment cause you to automatically disregard the testimony of the witness?

Yes ____ No

If yes, please explain:

 

44. Several witnesses in this case cooperated with the government in exchange for a more lenient sentence. Will the fact that a witness cooperated with the government to receive a lesser sentence cause you to automatically disregard the testimony of the witness?

Yes ____ No

If yes, please explain:

 

46. Do you believe that the sale of marijuana should be legal?

Yes ____ No

If yes, please explain:

 

48. What was the last book you read?

Allegations of Juror Misconduct in Jodi Arias Trial

AZcentral: Jodi Arias defense calls for juror to be dismissed

 

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HLNtv.com: Arias defense seeks mistrial over juror misconduct

 

Apple v. Samsung: Juror Misconduct Motions

In an effort to overturn a billion dollar jury verdict arising from a patent infringement lawsuit brought by Apple, Samsung has filed a motion for new trial alleging among other things juror misconduct. The motion for new trial available here alleges that the jury foreman (Hogan) "failed to answer truthfully during voir dire." The motion also alleges that Hogan introduced "incorrect and extraneous legal standards" during deliberations. With respect to juror misconduct, Samsung has not presented a particularly strong case for overturning the jury's verdict. 

Here is the response by Apple which was filed yesterday. As an initial matter, Apple argues that Samsung waived its right to raise claims of juror dishonesty because Samsung could have discovered the alleged "lies" by Hogan before the verdict. Apple also claims that Hogan was not dishonest. Instead, Apple asserts that the questions posed to Hogan were not specific enough. Here is the language from Apple's brief: 

When asked, “[h]ave you . . . ever been involved in a lawsuit, either as a plaintiff, a defendant, or as a witness,” Mr. Hogan described a 2008 technology ownership lawsuit.  He was never asked if there were other lawsuits or a bankruptcy,and hence never failed to answer a question truthfully.

With respect to the issue of Hogan introducing extraneous information during deliberations, Apple's motion states that such claims cannot be considered by the court subject to Rule 606(b). As some are aware, Federal Rule of Evidence 606(b) greatly limits the court's ability to review juror deliberations. In examining both motions, it appears that Apple has the better argument. Judges generally are hesitant to overturn jury decisions absent very compelling circumstances which do not appear to be present here.

For more background on the Apple v. Samsung patent infringement case go here.

Motion for New Trial (Juror Misconduct)

Here is Samsung's motion for new trial which is partially based on allegations of misconduct by the jury foreman.  The motion alleges that the foreman "failed to answer truthfully during voir dire." The primary focus here is on the juror's prior litigation history.  The motion also alleges that the foreman  introduced "incorrect and extraneous legal standards" during deliberations.  With respect to juror misconduct, Samsung has not presented a strong case for overturning the jury's verdict. 

For background on the Apple v. Samsung patent infringement case go here.

Motion for Disclosure of Jury Wheel Materials (U.S. v. Kilpatrick et al.)

Here is a link to the motion by the defendants in the Kilpatrick corruption case requesting access to jury wheel information.  The motion filed by the defendants is based on the 6th Amendment "fair-cross section requirement."  In order for a defendant to have a fair trial, his jury, at least in the initial pool called to the courthouse, must be drawn from a fair-cross section of the community. As of late, there have been several news stories about the difficulties Detroit (the location of the Kilpatrick's trial) has had in getting a jury pool that reflects the community as a whole. Go here and here for those stories.

Earlier this month, the federal district judge handling the Kilpatrick case denied the defendants' motion finding that the information requested would not help the defendants make a "prima facie showing of a fair-cross section violation."  The judge also noted that if the defendants wanted to "pursue a broader challenge to this District's jury selection procedure, [they] may obtain the information needed to make such a challenge from publicly available sources."  The judge, however, did allow the defendants "to review the information regarding juror number, race, and Hispanic ethnicity for the current jury wheel."  The defendants were seeking 12 years of past information about the jury selection process for the federal court in Detroit.

Last friday, the appellate court refused to hear the defendants' appeal on this issue.  The appellate court stated that the appeal was premature and could be raised after a final determination of the defendants' guilt or innocence.

U.S. v. Kilpatrick et al. Juror Questionnaire

The juror questionnaire in U.S. v. Kwame Kilpatrick et al. is available here. The questionnaire, which has 122 questions, tells potential jurors that "[a]ll information contained in this questionnaire will be kept confidential and under seal." However, as demonstrated here and here, the media can generally get access to these questionnaires by legally challenging the trial judge's order of confidentiality. 

Some of the non-standard questions from the questionnaire are excerpted below.

33.  Which of the following best describes the way you most prefer to work?

__I like to lead a group of others

__I like to work on my own

__I like to work with a groupd where there is no single leader

__I like to work in a group with another person leading me on.

51.  Do you enjoy playing "devil's advocate" or presenting oppoing positions when arguing or debating?

Yes___  No___

52.  Do you find it difficult to change your mind, or let go of a previously held position?

Yes___ No____

67.  What role, if any, do you think race plays in the criminal justice system?

69.  Do you think African-American defendants are less likely to be offered a plea deal than white defendants?

Yes___  No ___

If yes, please explain:

75.  Do you think minority politicians have a harder time succeeding in politics?

Yes___ No ____

If yes, please explain

76.  What do you think of the current state of racial relations in the United States?

80.  Do you regularly send text messages, IM's or Tweets to people?

Yes  ___ No  ____

If yes, approximately how many do you send a day?

81.  Do you regularly blog or post your thoughts and opinions on the internet?

Yes  _____  No  ____

If yes, what sites do you regularly post on?

88.  Do you think the media in Detroit has had a racial preference or bias in the way they have covered local stories in general?

Yes  _____   No  ____

If yes, please explain:

 

Juror Note Serves as Partial Grounds for New Trial Motion

Attorneys for Amy Senser recently filed a 36-page motion to get a new trial based partially on a claim that the judge hearing the Senser case failed to disclose the contents of a juror note.  To access defense counsel's motion go here.  For previous posts on the Senser trial go here.

Juror Writes Op-Ed to Explain Guilty Verdict

A Minneapolis juror explains how the jury in the Amy Senser fatal hit and run trial reached its verdict.

Minneapolis Star Tribune: A juror'sview of the Amy Senser case‎