Juries

God and the Jury

I am not sure if this is a growing trend but here is the second recent example of "divine intervention" during jury deliberations. While many people pray to God prior to making significant life decisions, few come out and say that God actually spoke to them during the deliberative process.  The first example involved a juror in the Corrine Brown fraud case who told other jurors that the “Holy Spirit” told him Brown, a former member of Congress, was not guilty.  This juror was subsequently removed. For more on that story go here. Now it appears that a judge in Texas stopped jury deliberations to inform jurors that God had personally told him of the defendant's innocence.  Unfortunately, for the defendant, this pronouncement by the judge was not enough to prevent the jury from coming back with a guilty verdict.  It remains to be seen what impact, if any, these religious epiphanies will have on appeal. 

Satesman: Texas judge interrupts jury, says God told him defendant is not guilty

CA Judge Admonished for Inappropriate Comments to Jurors

Inquiry Concerning Judge Decision and Order Imposing Edmund W. Clarke, Jr

h/tip ABA Journal

NY Judge Takes Direct Role in Preventing Juror Misconduct

During a recent manslaughter trial, an alternate juror receives an inappropriate text from a friend who wants to discuss the case. Rather than respond to the text, the juror turns the phone over to the judge who informs the juror that he better stop "....Or there will be consequences." This is the first time that I have ever heard of a judge taking such direct action to prevent a potential juror misconduct issue. The juror, after vetting by both attorneys, was allowed to return to the trial.

The Post Standard: In the Romeo Williams trial, a judge 'texts' a juror's friend and says ...

Appellate Court Criticizes Trial Judge's Interactions with Jurors

ABC7chicago: Mob case judge skewered during appeal

Chicago Tribune: Judge voices concerns about juror contacts in mob trial

A federal appellate judge has expressed misgivings about a lower court judge's contact with jurors during Chicago's highest profile mob trial in decades — one credited with helping to weaken organized crime.

The judge commented Monday as attorneys for convicted reputed mobsters argued for a do-over of the 2007 Family Secrets trial before the U.S. Seventh Circuit Court of Appeals.

Jurors five years ago convicted reputed mob boss James Marcello and others of racketeering conspiracy that included 18 murders.

Appellate Judge Diane Wood said at Monday's hearing she's concerned by accounts that trial Judge James Zagel seemed to have “private chats” with jurors that didn't become part of the official trial record.

Defense attorney Francis Lipuma singled out how Zagel dismissed one juror without consulting the trial lawyers.