How reading the Daily Breeze can get you into trouble
Well, OK, not in real trouble. And believe me, I'm the last one in the world to discourage anyone from reading a newspaper.
I will, however, roll my eyes at you if you do read a newspaper article about a trial - even if the article ran seven years ago - and then you go ahead and mention the article to your fellow jurors during deliberations.
So, Juror #9 in the Brian Foucher rape/kidnapping trial apparently mentioned during deliberations Tuesday afternoon that, as the trial progressed, she remembered reading about the case in 2002. The foreperson, who Judge Eric Taylor described as "conscientious, dilligent and honest," heard the elderly juror say something about "mental state." None of the other jurors reported hearing anything beyond the mention of the newspaper article.
Deputy Public Defender Joe Gualano asked Taylor for a mistrial, arguing Juror #9 tainted the group. At the very least, Jurors 12 and 9 had to go, he said. Link fought for 12 to stay, noting that the young woman did all she could to protect the sanctity of the panel. In the end, Taylor agreed that Juror #9 had to go. She didn't seem too surprised.
This was about a half-hour ago, and she was replaced by an alternate. Just got word a verdict will be read in about 20 minutes.
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