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Sheriff Snooping Juror Notes Causes Dismissal of Criminal Case
During a criminal jury trial in San Juan County (Washington), court personnel discovered that the county sheriff was using the courtroom security camera to zoom in on defense counsel’s notes and a juror’s steno pad. After learning of the video, the trial judge conducted a weekend hearing to delve into the extent of and reasons for the stealthy conduct. A review of the video provoked strong criticism from both the defense counsel and the prosecutor, leading the trial judge to dismiss the charges. Next week the trial judge will hold a hearing on the public defender’s request that the video be made public.
This is the second time since 2016 that misconduct by the county sheriff’s office has led to the dismissal of criminal charges.
As the “El Chapo” Drug Kingpin Trial Winds Down – Juror Stress May Be Winding Up
The 12-week jury trial involving the notorious Joaquin Guzman is now in the jury deliberations stage. From the beginning, the federal trial judge in Brooklyn worked with the premise that the jury “needs protection” from threats and outside influences, including intense media attention. For example, armed security officers have been escorting jurors to and from the courthouse. Courtroom artists are prohibited from rendering images of the jurors. These unusual circumstances, combined with the tedium of a long courtroom drama, create classic circumstances for jurors to suffer post-traumatic stress disorder (PTSD).
In an LA Times piece, reporters Sonja Sharp and Irene Plagianos nicely summarize the factors that contribute to PTSD in jurors and the types of assistance that judges and court systems can undertake to minimize emotional injuries to jurors.
The Case of an Absent Judge During Voir Dire
“Voir dire,” the French phrase we commonly use to describe jury selection, is translated to mean “to see speak.” In a medical malpractice jury trial in Pittsburgh, the trial judge was absent from the courtroom during jury selection – not there to see prospective jurors speak their responses to lawyer questions. After losing at trial, the plaintiff claimed legal error when the returning trial judge did not strike a juror whose recorded answer to questioning showed a bias favorable to healthcare providers. A three-judge appellate panel ordered a new trial and faulted the trial judge for not providing judicial supervision of voir dire. The majority opinion stated, “An absentee judge misses the crucial instant when would-be jurors reveal their inmost selves by both words and actions.” The intermediate appellate decision is being appealed to the Pennsylvania Supreme Court – perhaps ground on a Keystone State custom supporting the trial judge’s actions in this case (as there used to be in New York State years ago). While Pennsylvania may be the only jurisdiction now allowing such conduct, the news report cited above provides insights into the important role of the trial judge in jury selection.
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