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Wednesday, January 03, 2007

Ind. Courts - More on "Questions of Jury Behavior in Myers Murder Trial"

Updating this ILB entry from Nov. 29th, Keith Rhoades of the Martinsville Reporter-Times reports today:

Morgan County Superior Court II Judge Christopher Burnham denied a motion Tuesday filed by Attorney Patrick Baker for John R. Myers II to depose jury members, court staff, and security personnel.

While leaving most of the motion for correcting errors intact, the judge ruled Tuesday morning that the defense’s request for the deposition was not allowable as stated, denying that part of the motion. The state has until the middle of January to file a response to the rest of Baker’s motion. * * *

After his conviction, Myers’ attorney filed several motions with the court. The last motion, filed Friday, was to correct errors and for the court to grant a new trial for Myers.

Baker alleges the prosecution withheld information from the defense, which could have changed the jury’s verdict. Baker also alleges the jury and court personnel acted improperly during the trial. * * *

Baker said despite his repeated requests, the court refused to grant a change of venue for the case and selected a jury from Morgan County residents.

Baker said he was assured the jury would be sequestered and that his client would receive a fair trial. He said the court assured him the jury would not have access to outside information that could compromise their verdict.

Baker said before the jury began deliberations, the court received information the jury might have received information from outside sources about the case. Baker said the court had done an investigation to determine if the jury had been compromised.

Baker said he was unhappy the court had assigned Morgan County Detective Sergeant Garry Long to the investigation because Long was also one of the guards assigned to the jury.

According to Long’s report filed with the court, Baker said, the son of Juror No. 3 dropped off a TV at the motel where the jury was staying.

Baker said that Long’s report also says the court bailiffs allowed cell phone use by jury members, which was a violation of the court’s instructions.

Baker said he was also unhappy the court allowed the jury to have two alcoholic beverages with their evening meals.

Posted by Marcia Oddi on January 3, 2007 04:10 PM
Posted to Indiana Courts