While Judge Graham Cribbs ruled there was no prosecutorial misconduct., he said, " based on all presented to me and based on my own knowledge of the jury trial, the Court is going to make a finding that the defense has established to the satisfaction of the Court that there is a substantial probabity of jury misconduct that took place."
Judge Cribbs said he was going to focus on the declaration of Juror Humphret. "My focus is going to be on what someone said or did that created a ptential issue" said Judge Graham Cribbs. Evidentiary hearing set for October 15.
"I don't know if at this stage what is stated in the declaration is true." Judge Cribbs explained to all in the audience the procedure and what would happen next.
All 12 jurors will be ordered back to Court. Each juror will be sworn in and will testify. At this point, that evidentiary hearing is expected to take place in a closed courtroom.
The unsealing of juror information is only for attorneys.
Defense motion for new trial and to dismiss firearm enhancement not decided today. Motion for new trial scheduled for tomorrow at 8:30.
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