Jury misconduct can result from failure to disclose information during "Voir Dire" (questioning of Jurors during Jury selection)
If
a juror fails to disclose or misrepresents potentially important
information during jury selection, a new trial can be given to the
Defendant if the Defendant can show to the court that the Juror
concealed material information during "Voir Dire".
In this case the Judge, during jury selection asked if any jurors knew any of the people on the Prosecutions witness list and the Defense's witness list, he then proceeded to read the lists out loud for the jurors. A juror (a local bar
owner) didn't mention when the witness list was read out loud that he knew two of the Defenses witnesses. This juror played on a
pool league with them for 10 years. One of the Defenses witnesses being
another local bar owner later signed an affidavit stating he in fact
knew the juror, very well since the two of
them are bar owners in Springfield and played pool together on the same team. The other
witness that the juror knew was Denny's nephew who also played on the same pool league. This juror also
played on that pool league with Denny's other brother. This brother signed
an affidavit after trial stating that two weeks after Tony died he had a
conversation with the bar owner/juror during a pool game about Tony's death. This juror not once spoke up during trial about any of
this.
Records from the pool league were obtained after trial which had showed that the juror and the witnesses for the Defense, and Denny's brother had all
played pool together for a number of years. This was all brought to the Judge's attention at a hearing after trial. The Judge did nothing and said that the
relationship was "harmless".
This juror failed to disclose potentially important
information during jury selection, and a new trial should be given to Denny.