"This highlights what the particular problem with this jury is"; possible juror misconduct to be explored in Ray Christie trial

Seven days of deliberations; no verdict. Finally, some speculation and suspicions confirmed. Just based on observations outside the courtroom, one or two jurors being the issue did not come as a surprise.

One of the male jurors often sits by himself. Another juror smiles at Ray Christie in the hallway every time the jury goes on breaks, lunch and at the end of the day.

"This highlights what the particular problem with this jury is," said Judge Christopher Wilson as he handed the attorneys two notes. One set was four pages and a handwritten note. The other was several typewritten pages.

"My concern is that the note reveals what can be parsed as juror misconduct, expression of bias, refusal to follow the law and refusal to deliberate," said Judge Wilson. " The other aspect is the inner workings and conflict within the jury."

"I can't get into the mental processes; how they are viewing the case," said Judge Wilson. "I can't get into specific acts of misconduct because it is very difficult to discuss their deliberative process. It is an ongoing problem."

Judge Wilson said he didn't provide other notes from jurors about participation in the process and thought the issues had been addressed with the admonishment. The jurors in Ray Christie's case have already been brought in once and admonished."

"I am not sure what to do," said Judge Wilson. "One option is I could bring them in and see if they are hopelessly deadlocked." The other option is to discharge the juror (s) if misconduct is found to be true.

Judge Wilson asked attorneys for input.

"The trial court has been put on notice to discharge a juror," said Deputy District Attorney Adrian Kamada. He cited People v Cowan.

"The Court has a lot of discretion in how the inquiry is conducted," said Mr. Kamada. He suggested bringing in "each juror one by one and discuss the conduct of the one or two jurors mentioned."

Christie's attorney, Mr. John Cogorno, said he did not see juror misconduct. " I disagree that there is no juror misconduct. When someone expresses a strong opinion from the outset and follows through with similar statements," said Judge Wilson.

Cogorno said it would be intimidating for jurors to be bought in one by one. He added it has been  7 days and substituting a juror would cause further delay.

"A retrial would be more of a waste of time," said Deputy DA David Moutrie.

Jurors and attorneys return at 2 p.m. today.

Just two days ago, there was a note sent that
one juror was bringing in typed notes into the deliberation room about her thoughts and feelings on the case. A family member texted another juror and sent the entire jury well wishes. They were reminded of jury instruction 101.

Recent posts:
https://johnchiv.blogspot.com/2019/12/another-note-from-ray-christie-jury_13.html?m=1

https://johnchiv.blogspot.com/2019/12/exhausted-juror-in-ray-christie-case.html?m=1

https://johnchiv.blogspot.com/2019/12/ray-christie-juror-brought-in-typed.html?m=1