This gal might not be Rockin' in the Free World much longer, by the looks of it ...

London Times link

From London Times Online
July 9, 2007

Juror faces jail for listening to MP3 player under hijab

A Muslim juror faces a possible prison sentence after being discovered listening to an MP3 player under her hijab headscarf during a high-profile murder trial.

In what is considered the first case of its kind, the woman was arrested for contempt of court after another member of the jury passed a note revealing the indiscretion to the judge, Roger Chapple.

The judge - who previously suspected that he had heard "tinny music" in the background, but dismissed it as his imagination - called the woman into court on her own, and said: "You are going to be discharged from this jury. You will play no further role."

A police officer then stepped forward and escorted her from court. Outside the woman - who is in her 20s, but cannot be identified for legal reasons - was searched, the MP3 player was found and confiscated, and she was arrested. Contempt of court carries a maximum sentence of an unlimited fine and indefinite imprisonment.

Outside the court Ben Maguire, a barrister representing the prosecution, said that it was a "bad contempt" and prison would be the "likely outcome".

"It is unique for all those who are connected with this court to experience a situation where the juror is suspected of listening to a MP3 player under her Islamic headgear," he said.

"Also, it is exceptional for a juror to appear entirely uninterested in the evidence. It is a bad alleged contempt. If contempt is upheld, I would have thought that prison would be the likely outcome," he said.

The arrest of the juror - which is considered so rare as to be almost unheard of - took place last Wednesday, although it could not be reported until today when the judge lifted a news blackout on the case.

When caught listening to music she was meant to be hearing vital evidence from Alan Wicks, a former businessman on trial for brutally bludgeoning his disabled wife to death after 50 years of marriage. He was later found guilty.

During the trial, members of the jury sitting on the case had become increasingly concerned about the behaviour of the woman, who it emerged had repeatedly tried to avoid legal service.

Weeks earlier, she managed to postpone her first summons. She then answered a second, only to successfully plead toothache two days later.

When the third arrived, and she learnt she had been selected for the Wicks trial which she was told could last up to five weeks, she asked to be excused so she could go job hunting. She mentioned a nursing course she was interested in, but after failing to provide details, she was ordered to serve.

However, problems were reported to have started almost immediately with the first of a number of late arrivals at court, prompting Judge Roger Chapple to repeatedly asked her to change her ways.

The woman continued to arrive late, and left lawyers wondering whether she was "in a world of her own". Some of those in court became convinced she was doodling instead of reading important documentary exhibits distributed to her and fellow jurors. Neither did she bother putting them away into lever arch files provided for the purpose.

On Tuesday last week, prosecutor Peter Clarke QC asked for her to be discharged, but the judge rejected his application, pointing out the "random selection of jurors was a very important aspect of the trial process".

Then, last Wednesday, it emerged that she had been listening to her MP3 player, and was discharged and arrested. She was later bailed until July 23, when her case has been listed for a directions hearing before Blackfriars� senior resident judge Aidan Marron QC.

Well, there was that juror who dressed in a Star Trek uniform some years back in the South.

I think Dallas had one in a murder case that was talking to the roaches in the jury room garbage can.

I had a juror fail to show up for the second day of a DWI trial, which happened to be the day after some pro playoff game (don't remember which sports season - sorry). The constable found him passed out naked on his couch surrounded by beer cans. Rather than waiting for him to sober up, we pled the case to an obstruction.

Of course, the real shocker in the news report Shannon posted was that she was "allegedly" listening to the Houston lawyer band "Death By Injection".

After law school and whilst awaiting bar results, I worked briefly at a firm with the infamous paralegal who some years before had mistrial'd a Harris County case during the 80's by bringing a legal dictionary into deliberations.

[This message was edited by GG on 07-10-07 at .]

Maybe this lady assimilates evidence differently from the rest of us. Music can enhance that ability. I think she has a defense. Plus, the court's instructions likely did not exclude the use of MP3s.

Here's a story on CNN this morning: "Jury duty excuse: I'm a racist, homophobic liar"

http://www.cnn.com/2007/US/law/07/10/reluctant.juror.ap/index.html

BARNSTABLE, Massachusetts (AP) -- A Cape Cod man who claimed he was homophobic, racist and a habitual liar to avoid jury duty earned an angry rebuke from a judge on Monday, who referred the case to prosecutors for possible charges.


Daniel Ellis' excuses to try to get out of jury duty didn't sit well with the judge.

"In 32 years of service in courtrooms, as a prosecutor, as a defense attorney and now as a judge, I have quite frankly never confronted such a brazen situation of an individual attempting to avoid juror service," Barnstable Superior Court Judge Gary Nickerson told Daniel Ellis, according to a preliminary court transcript of the exchange.

Ellis, of Falmouth, had been called to court with about 60 other potential jurors for possible service on a 23-member grand jury.

On a questionnaire that all potential jurors fill out, Ellis wrote that he didn't like homosexuals and blacks. He then echoed those sentiments in an interview with Nickerson.

"You say on your form that you're not a fan of homosexuals," Nickerson said.

"That I'm a racist," Ellis interrupted.

"I'm frequently found to be a liar, too. I can't really help it," Ellis added.

"I'm sorry?" Nickerson said.

"I said I'm frequently found to be a liar," Ellis replied.

"So, are you lying to me now?" Nickerson asked.

"Well, I don't know. I might be," was the response.

Ellis then admitted he really didn't want to serve on a jury.

"I have the distinct impression that you're intentionally trying to avoid jury service," Nickerson said.

"That's true," Ellis answered.

Nickerson ordered Ellis taken into custody. He was released later Monday morning.

Ellis could face perjury and other charges.