Posted by Orin Kerr:
Motion for New Trial After Sequestered Jurors Allegedly Had Sex:
http://volokh.com/archives/archive_2008_12_21-2008_12_27.shtml#1230050259
From the [1]St. Louis Post-Dispatch:
Eight years ago, a juror in a capital murder trial notified the
judge that two other jurors had sex while sequestered � and that
two sheriff's deputies guarding them had sex too.
Now the man convicted of second-degree murder in that case is
demanding a new trial on a claim that his lawyers did not do enough
to persuade the judge that the escapades tainted the verdict.
The issue is back before St. Louis Circuit Judge Julian Bush, who
presided over the 2000 trial of Roberto Dunn, now 34, who was
convicted of killing his girlfriend's mother.
In August 2000, about two weeks after the conviction, Bush got a
letter from a juror making the accusations. "Sexual liberties by
deputy sheriffs were rampant also," the letter read.
. . .
In her letter, [the juror] accused two jurors of having sex with
each other during two evenings at a hotel where the panel stayed.
She said jurors believed the two sheriff's deputies assigned to the
case were having sex with each other while on duty at the hotel.
"Acts of sex and insubordination were scandalous and unspeakable
��" Thompson wrote. She testified in the recent hearing that she
heard sexual noises coming from the next hotel room.
As long as they weren't discussing the case with each other while
having sex, I would think this is okay.
References
1.
http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/0295313F129BBCA0862575260082B833?OpenDocument
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