Defense in Corporation Commission bribery trial wants to know if jury has been ‘infected’

By Howard Fischer | Capitol Media Services via Arizona Capitol Times

The admission by a juror in the Corporation Commission bribery trial that she made some notes at home and brought them to deliberations could lead to a new trial even after all the testimony has been heard.

In new legal filings Monday, attorneys for the defendants urged U.S. District Court Judge John Tuchi to question not only the juror about her but the other 11 with whom she may have shared them during ongoing deliberations. They want to know if jurors have been “infected” by outside information.

And Patricia Gitre, the attorney for Gary Pierce who crafted the request, said federal law requires more than just an inquiry. She told the judge that a new trial is required when jurors have information from outside the court that could affect the verdict.

It isn’t just the confession of Juror 7 about bringing in some notes she prepared at home.

Gitre pointed out that jurors have been home more than they’ve been deliberating. That’s the result of not just a week-long break the judge gave the panel for the July 4 holiday but schedule conflicts in getting all 12 together.

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