July 28, 2008, 08:56
pkdyerJury tampering
Situation: Defendant's uncle recognizes someone on the jury - just says hi - friendly conversation. But that night juror gets a call from someone, a friend of the uncle, and makes implied threat "we are sure you will do right, we are watching you". Judge declares mistrial, but can find no offense to charge the caller with - I haven't been able to either. What is to prevent this from happening again if the caller cannot be charged? Any thoughts? Since there was no direct threat does not seem to fit 36.06
See PC 36.04 Improper Influence and
PC 36.03 Coercion of Public Servant
A juror is a public servant. See PC 1.07(41)(B)
July 29, 2008, 10:12
pkdyerThanks - I passed it along to the DA handling the case and the judge - improper influence might work.