Juries

Jury Tampering and GeoMarketing

The ABA has an interesting story about the ongoing lawsuit against Monsanto in which plaintiffs allege that Monsanto Weed Killer causes cancer.  Plaintiffs in one case filed a motion asking the court to prohibit Monsanto from using cellphone pop ads promoting product safety from within a quarter mile of the courthouse.  In denying plaintiff's motion, the judge determined that “[p]laintiffs have not met their burden to show that Monsanto’s speech presents an actual threat of imminent prejudice to plaintiffs’ right to a fair trial nor shown that there are no viable alternatives to a prior restraint on Monsanto’s speech.”  The judge went on to say that she was not convinced that "geomarketing is materially different from carrying signs outside a courthouse or carrying placards or wearing buttons inside a courtroom, or that it requires a different judicial response."

ABAJournal.com: Judge refuses to block maker of Roundup weed killer from geofencing around courthouse

 

Defendants Attempt to Bribe Jurors Through Facebook

Here is an interesting story in the Omaha Herald about the unsuccessful efforts of two criminal defendants who used Facebook in an attempt to bribe jurors hearing their case

Omaha.com: Rare attempt to buy off juror is latest calamity in double-murder case

Defendant Sentenced to 15 Years for Jury Tampering

Sticking with yesterday's theme of improper contact with a sitting juror, a Louisiana woman (Alicia Tucker) was recently sentenced to 15 years in prison for conspiring to commit jury tampering.  The tampering occurred during a three-way telephone call from jail involving the prospective juror, Ms. Tucker and Ms. Tucker's son (LaMondre Tucker) who was on trial for capital murder. Ms. Tucker and her son wanted the juror to change her earlier voir dire testimony about the death penalty and knowing the defendant so that she could sit on the defendant's jury trial.

From the press reports on this story, it appears that the 15-year sentence handed down to Ms. Tucker was excessive in light of her actual role in the jury tampering. I think part of the problem here is that jury tampering arises so infrequently that judges are not really sure what would constitute an appropriate sentence. With that said, 15 years is way too high.

ArkLaTex: Alicia Tucker sentenced to 15 years for jury tampering

 

 

Using Google to Conduct Juror Tampering

Here is an interesting article that discusses how a defendant and his girlfriend allegedly used Google to learn personal information about jurors sitting on the defendant's trial.  Upon obtaining the information, the defendant's girlfriend actually made contact with at least one juror.

Attempted Jury Tampering in Murder Trial

...Prosecutors say Brown[defendant] was working a back-up plan.

In phone calls recorded at the Hennepin County Jail, Brown told his girlfriend, Lashaumbay Hester, to Google search two of the jurors. In return, he told her to take $1,000 out his bank account.

Hester admitted to calling one of the jurors several times. He told investigators he wanted to "plant a seed of doubt" with the juror...

New Jury Legislation in Trinidad and Tobago

The country of Trinidad and Tobago is considering legislation (Criminal Procedure Bill 2009) to address the issue of jury tampering.  The new bill, which is currently in Parliament, would allow the government to fore-go jury trials in instances where jury tampering is suspected.  The bill would also allow the court to provide support to jurors or witnesses who are intimidated.  For more information about the legislation click on the link below.

New Bill Proposes Some Trials Without Jury