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.

 

Mistrial Declared After Victim's Family Investigates Juror

This case from Canada demonstrates the value of investigating jurors. In this case, Fred Prosser was charged with the first-degree killing of Sabrina Patterson.  His 12-person jury was selected this past Tuesday.  On that same day, the victim's family conducted an online investigation of the jury and discovered that one juror belonged to an anti-Prosser Facebook group. The victim's family relayed this information to the Crown (Prosecution) who informed the judge. 

The next day, just before opening arguments, the judge declared a mistrial.  The victim's family explained that they gave the information to the Crown because they thought it might, if discovered later, lead to a mistrial or appeal and thus require a second trial. 

For more background information about this story go here.

Sandusky Judge Says Juror Information Not Discoverable

Here is the order by the trial judge in the Jerry Sandusky child sex abuse trial denying defense counsel's motion to receive juror information collected by the prosecution.  The judge makes some interesting observations in his order. 

First he says that: "I do not believe, under the current state of the law, that the Defendant would be entitled the relief he seeks--access to the Commonwealth's jury research--because the defense simply has no constitutional due process right to get the information."

The judge then goes on to say that "[a]n attorney's collection of jury background material clearly falls within the category of work product under Pennsylvania law." 

Finally, the court points out that "[i]ndeed, it may be argued that counsel, in fullfilling their duty of candor to the Court, have a duty to make some level of inquiry, either before or during voir dire, regarding whether prospective jurors are qualified  under the law to serve."

Prosecution Investigating Sandusky Jurors

Apparently, the prosecutors in the Jerry Sandusky child sex abuse case are leaving nothing to chance and have already investigated potential jurors who may sit on the trial.  This fact was made known when the defense attorney representing Sandusky filed a motion requesting access to the juror information uncovered by the prosecution. 

Unfortunately for the defense team, the trial judge ruled that the prosecution did not have to turn over any information related to the jurors.  According to the trial judge, he does "not believe that the information [about jurors] is constitutionally required to be turned over..."  Jury selection in this case starts tomorrow.

In the Digital Age, juror investigations have become increasingly popular with practitioners in both civil and criminal trials.  However, some are bothered by the practice arguing that it infringes on juror privacy.

For more information about the practice of investigating jurors go here.  For more information about the prosecution investigating the Sandusky jurors go here.

Verdict Stands Even With Dishonest Juror

CBS NEWS: Judge refuses retrial for former Ill. powerbroker

A federal judge denied a retrial on Tuesday for longtime Illinois powerbroker William Cellini, rejecting defense arguments that the 77-year-old didn't get a fair trial because a juror supposedly lied about her criminal past during jury selection

Chicago Sun Times: Jury selection needs reform‎

‎Late Tuesday, U.S. District Judge James Zagel put an end — for now — to the latest flap over whether a juror’s failure to disclose her criminal background had unfairly tainted a high-profile federal conviction.But Zagel’s finding that Illinois Republican powerhouse William Cellini is not entitled to a new trial won’t resolve the underlying problem of how far the courts should go in investigating jurors and how to avoid ending up in the same pickle again.