El Oso said:
GrowlTowel said:
Assume that the juror knowingly lied on his basic juror questionnaire, how does his past affect the case or the verdict?
It makes him an ineligible juror under the law which means the defendant did not receive a fair trial which is a major violation of her constitutional rights.
You seem to be okay with it because the jury hung. That's only one of three options. What about the other too.
Should a guilty verdict stand? Yes, she could appeal it, but it shouldn't have happened because the juror should not have been on the jury.
Would you be okay with this if the verdict was not guilty? My guess is no, but here you would have no recourse because of double jeopardy.
I am comfortable with none of the outcomes. An ineligible juror ended up on a trial. This should not happen. Defendants have rights, and courts must protect those rights.
I appreciate your attempt at the
Matlock moment, but let us put an end to it now. You keep stating the black juror was disqualified from serving on this jury that is wrong and is not supported by Massachusetts law.
Your claim is that he is disqualified because:
1. He was arrested in 2021.
2. He has an active restraining order.
3. He lied on the jury questionnaire.
(Posts 6, 7, 15 and 20 in this thread.)
To support your position, you cited the juror questionnaire, section 3. That section lists several boxes to check and then to explain any checked boxes. The boxes are: Been arrested, been charged with a crime, been convicted of a crime, been a crime victim, been sued, filed a lawsuit, been a witnessed in a case, been on a jury, been served with a court order, or sought a court order.
Those questionaries are not public records so to humor you, let us say he did not check a single box (but should have checked the arrested, been charged with a crime, and been served with a court order boxes and provided an explanation). Setting aside that lying requires an intent to deceive, let us assume he knowingly lied on his questionnaire.
Now, let us check what statutorily disqualifies a juror in Massachusetts (there are only 10):
The ten reasons for disqualification under Massachusetts law are:
1. Not a US citizen
2. Over the age of 70 and choose not to serve
3. Are under 18
4. Cannot speak and understand English
5. Have permanently moved outside the county
6. Are living outside the county and will not return within the year
7. Were convicted of a felony within the past 7 years, or are currently charged with a felony, or are currently in custody
8. Served on a jury within the last 3 years.
9. Physically or mentally incapable of performing jury duty
10. Primary caregiver for a disabled person in same household
Mass. Gen. Laws Ann. ch. 234A, 4;
https://www.mass.gov/info-details/trial-juror-instructions-and-information-brochureOf note, being arrested is not disqualifying. Having an active restraining order is not disqualifying. Finally, lying on the juror questionnaire is not disqualifying.
The best your complaining can support is that the murder's attorneys did not have enough information about the black juror to perform an effective voir dire on him - that is on them. Nothing prohibited her attorneys from questioning him further about his Section 3 responses or non-responses.
Both the defense and the state accepted this slate of jurors after voir dire. Unless there was some objection that was made about this specific juror prior to the start of the trial - the defense waived this "error."
Please stop saying the black juror was
disqualified from service or that
he was ineligible. He was qualified. And as it turned out, he was the most honest juror on the panel.