Less than two hours of deliberation and another Landergen juror replaced because she admits she cannot follow the law

 

Yesterday at 4:30, there was a note from the jury from the jury in alleged molestor Gary Landergen's trial. This was less than two hours after they started deliberations.

This morning, there was another issue to deal with first thing in the morning. While jurors waited outside, at 9:10, Judge Steven Steward asked the bailiff to let him know when Conflict Counsel Supervising Attorney Meagan O'Connell arrived. Landergen was waiting outside Courtroom Three. Deputy District Attorney Whitney Timm, DA Investigator Greg Hill, the court clerk and reporter were in the courtroom. The only one besides me in the courtroom was the Witness Advocate in this case.

At 9:23 a.m. Ms. O'Connell and Landergen entered.

 Judge Steward said, "Yesterday afternoon, there was a note from the jury. A response was sent to the jury. Shortly after, juror #11 indicated to the bailiff something to the effect that she could not continue to deliberate."

Judge Steward told attorneys and Landergen he would speak to juror #11. I left the courtroom to give the juror privacy. This is a sensitive and emotional case. When the juror exited the courtroom, I went inside. 

"I just heard from juror #1. " He asked the attorneys for input. Ms. Timm said, "Since she has indicated that she cannot follow the law" she should be excused. Defense agreed.

"She seemed visibly upset," said Judge Steward. "She was up all night. She attempted to fulfill her duties. Based on the evidence; she cannot follow the law. I am compelled to excuse her. I will thank her for her service. We will pick an alternate juror."

Juror #11 was asked to come in and Judge Steward addressed her. "You don't need to apologize. We ask jurors to be honest in the voir dire process. We ask them to be honest during the trial and deliberations. You have done exactly that." Judge Steward thanked and excused juror #11 for "being here for two to three weeks."

I already reported that on 8/6, an alternate male juror replaced one juror. Today with juror #11, a female juror  was replaced by another alternate juror. She is the older female alternate juror and this leaves only one alternate female juror on call.

The alternate juror who was contacted around 9:30 couldn't come in until 10:30. Judge Steward will read jury instruction 3575 when all jurors are present. I doubt there will be a verdict today but anything could happen.

With only 1 alternate juror left, if there are any more issues and if 2 more jurors are excused; this would result in a mistrial being declared.

Previous posts (jury trial):

https://johnchiv.blogspot.com/2024/08/it-is-offensive-to-men-of-his.html?m=1

https://johnchiv.blogspot.com/2024/08/why-is-grown-man-touching-15-year-old.html?m=1

https://johnchiv.blogspot.com/2024/07/there-is-difference-between.html?m=1

https://johnchiv.blogspot.com/2024/07/this-is-not-discovery-fishing.html?m=1

I have linked prior coverage from the preliminary hearing and the case several times including the first post on the jury trial. You can search the blog or google those posts if you are a new reader.