Conversation in elevator by some jurors in Widmark trial leads to questioning of every juror but results in Judge Steward ruling there was no juror misconduct

(CAL CRIM 201)

Yesterday was Day 25 of the Brandon and Jesse Widmark trial and the 5th day of deliberations after three weeks of jury selection, testimony and evidence. No verdict.

There was a note after lunch from jurors asking if they could end deliberations at noon today because one of the jurors had a prior appointment. 

What ended up taking an hour and half was questioning of individual jurors by 

Judge Steven Steward and private conversations with attorneys after HCSO Det. Brian Buihner overheard a conversation between some jurors including the jury foreperson.

Just like me, Det. Buihner has been in the courtroom. We know who the 12 jurors are. I reported in a previous post that deliberations were running late. Some law enforcement, DA Investigators and I were waiting outside  courtroom 3. One of the jurors mentioned it was the foreperson running late and since only one person was not there, it was easy to figure out they were talking about.

The summary is that there was no juror misconduct. I did not think there would be knowing this jury who is one of the best. 

Deputy District Attorney Roger Rees is the prosecutor for this case. Ms. Andrea Sullivan is Jesse Widmark's attorney. Ms. Rebecca Linkous is Brandon Widmark's attorney.

Whatever the verdict is turns out to be; Judge Steward, all the attorneys, law enforcement and the jury have done an outstanding job and there has been due process. All of them should be commended because this was an intense, long and difficult trial. Ms. Sulivan has another trial, multiple cases. Ms. Linkous has multiple cases and it has been exhausting for everyone involved.

3/14: 6th day of deliberation. At 11 a.m there is a note. Possible verdict. Ms. Sullivan went into the courtroom at 11:02 a.m. followed by Mr. Rees at 11:04. Ms. Linkous and DA Eads went in at 11:10.  Several law enforcement and people from the DA's office are here including DA Investigators and DA staff. Sheriff William Honsal came in later.

Jury had reached verdict on some counts. Some counts including those on lesser included options, they could not reach an unanimous verdict. Judge Steward asked them to continue deliberations. He read CAL CRIM 3551.

Jurors will be back at 9:15 on Monday. 

After jurors left, Ms. Sullivan wanted to know which counts the jurors had reached a verdict on; Ms. Linkous joined in that request. Mr. Rees said the jury was still deliberating and that is private. I agree with Mr. Rees. This is not the first case jurors have been sent back to deliberate. Having that information released in chambers as Ms. Linkous suggested is unfair to the California trials where certain information and discussions are held in an open courtroom. The verdict and any such discussion should be in an open courtroom. There is no special privilege that only defendants and the prosecutor get access to that information, especially when the jurors are deliberating and could change their minds on any or all of the verdicts.

Judge Steward asked attorneys to brief the issue and be in court at 8:30 on Monday when he will make his ruling.

3/13 court minutes:

Will add when available. Probably Monday morning.

3/14 court minutes:

Will add Monday.

Yesterday's post:

https://johnchiv.blogspot.com/2025/03/jurors-provided-incorrect-verdict-forms.html?m=1

I am no longer listing every previous post on the trial or all the posts I have done on this case. They can be accessed via the search feature.**