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Murder defendant's lawyers target juror for contempt
San Antonio Express News ^ | 03/10/2011 | Craig Kapitan

Posted on 03/10/2011 1:30:35 PM PST by Responsibility2nd

Attorneys for Ray Lemes, whose murder trial was derailed when a member of his jury was found to have conducted outside legal research, said Thursday the errant juror should be held accountable — with a fine or a jail term, if necessary.

Lemes had been on trial for five days for the 2007 shooting death of a college student in the street in front of his home, and the jury had been deliberating for almost seven hours when the foreman sent a note to state District Judge Lori Valenzuela stating that one member had independently looked up the legal definitions of murder and manslaughter.

Judges always warn jurors before and during trials that outside research is prohibited. Defense attorney Michael Sawyer asked for a mistrial and Valenzuela granted it. Sawyer said the unidentified juror probably meant well and said he didn't expect that person to face any consequences.

But on Thursday, a starkly different tone emerged in a motion for contempt of court filed by his co-counsel and brother, Joe James Sawyer.

“To allow this juror to ... violate the court's orders and instruction without punishment will send a message to every juror that they can improperly influence or prevent judicial process and that there are no consequences to said activity,” the filing states. “It is the duty of every citizen chosen to participate as a juror to do so honestly and within the law.”

The Sawyers asked that an arrest warrant or summons be issued for the juror to appear at a contempt of court hearing. The attorneys plan to ask that the juror be sent to jail or fined $25,000 to help defray Lemes' costs at the eventual murder retrial that both they and prosecutors expect.

At a minimum, the Sawyers asked for the juror's name “so that we may obtain service of process against them for the damages inflicted.”

Valenzuela has not yet ruled on the motion or announced whether she will entertain a hearing on the matter.

Prosecutors also expressed anger and frustration Wednesday after the mistrial was declared.

“Each side put their heart and soul into this case,” said Assistant District Attorney David Lunan. “For (a juror) to disobey the court is a disservice to all of us.”


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: murdertrial
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To: longtermmemmory
were the definitions obtained from a law book or wikipedia?

were the definitions in accorance with that states laws?

It doesn't matter. If the juror had begun the trial with an inaccordant idea of the difference and applied that idea in reaching the verdict it would fall under the general ignorance allowed to any juror.

Gaining the concept, accurate or otherwise, during the course of the trial is no different.

21 posted on 03/10/2011 4:48:34 PM PST by Oztrich Boy (I disagree with what you say but will defend to the death your right to say it -Voltaire)
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To: Oztrich Boy

“How is the case any different if the “idiot juror” had known “the legal definitions of murder and manslaughter” before the case had begun?”

LOGIC??

Seriously?

You are going to use logic here?

/sarc


22 posted on 03/10/2011 5:25:53 PM PST by Crim (The Obama Doctrine : A doctrine based on complete ignorance,applied with extreme incompetence..)
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To: Oztrich Boy

Your theory would legalize jury tampering by giving third parties the ability to alter legal definitions.

If a jurror is that stupid then he or she should not have been on the jury.

It is right to seek contempt against the juror.


23 posted on 03/13/2011 7:05:18 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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