On March 3, 2015, the State filed under seal a Motion to Strike Juror Number 17 because
her Facebook account indicated she had recently viewed the movie “The Secret” and had
researched “The Law of Attraction World.” As such, the State claimed Juror 17 violated the
court’s admonition and should be excused for cause.
Late in the afternoon on March 3, 2015, the Court conducted individual questioning of
jurors in chambers to determine if the jurors continued to have concerns about Juror 17
effectively deliberating and to inquire of Juror 17 regarding the allegation that she had violated
the court’s admonition by watching “The Secret” and researching “The Law of Attraction
World.” The defendant, all counsel and victim family members were present.
The Court questioned two jurors, including the foreperson, regarding whether there was
still a concern that Juror 17 was not effectively deliberating.
Juror 19, the foreperson, stated that prior to submitting the juror question about Juror 17,
the consensus was that the juror was “not sharing his or her viewpoint” and was “not
participating in the deliberation process as everybody else was.” Juror 19 stated he noticed
“immediate improvement” after the question was submitted but it was even better in the
afternoon after the court had provided the additional instruction. When asked if he believed this
juror was able to participate in deliberations, he answered affirmatively.
The Court also questioned Juror 17. Juror 17 stated she had not read, seen or heard
anything about the case in the media nor had she done any research about the case or any of the
topics discussed during the trial. Juror 17 stated she knew of “The Secret” before the trial and
had read it two years ago and saw the movie but had not watched the movie or read the book
since sitting on the jury. Juror 17 stated she had done no research on the Law of Attraction. She
stated she had a Facebook page but had not ever discussed these topics on her Facebook page.
On March 4, 2015, the State filed, under seal, a Motion for Reconsideration of State’s
Request to Strike Juror Number 17 with attachments. The Court set oral argument on the motion
later that day. At the oral argument, Mesa Police Department Detective Esteban Flores
explained the attachments to the State’s motion. Detective Flores stated he had accessed the
Facebook page for Juror 17. Because it was a private page, he could only see limited
information. Detective Flores stated Juror 17 had accessed her Facebook page the previous day.
He was able to learn that Juror 17 had “liked” ABC News, The Daily Share, Nancy Grace, Fox
10 News, 3TV Phoenix, CBS 12 News, CBS 5 AZ-KPHO among others. He could not state a
date when Juror 17 “liked” each site. There is a link attached to each site but there was no
information available regarding whether Juror 17 actually read more than what was depicted on
the Facebook screen. Detective Flores stated it was possible Juror 17 had received news feeds
on her Facebook page from these entities but he could not determine if that occurred unless he
obtained the records from Facebook. Some of the pages attached to the State’s motion were from
other Facebook pages like Nancy Grace. One way to determine if Juror 17 read those news feeds
would be to determine if she “clicked” on the newsfeed to get more information.
A subpoena would be required to get records that would so indicate and it would take at least two weeks to
obtain those records.During the hearing,
During the hearing, Defense Counsel Willmott stated she had learned that
other jurors had Facebook pages and had accessed their pages during the trial. Without
information subpoenaed from Facebook, she could not determine if the jurors had accessed
information in violation of the court’s admonition.
The Court found that without more specific information the Court could not conclude the
Juror 17 improperly viewed information about the case. The Court acknowledged the juror had
the opportunity to read about the case on her Facebook page, but all jurors have that opportunity
every day to read or see or hear something about this case if they wish to do so. See R.T. March
4, 2015, pages 27, 28. It is presumed the jurors will follow the court’s instructions. There is no
presumption a juror will betray his/her trust. It is in the sound discretion of the trial court to
determine whether a juror should be interrogated about violating the admonition.
On March 4, 2015, the defense filed a Motion for Mistrial; Juror Coercion alleging the
individual questioning of jurors was coercive thus requiring a mistrial.