Juror Ignores Judge’s Rules and Posts on Facebook During Major Trial
When empaneled jurors make social media posts during a trial, they risk opening Pandora’s box—a recurrent issue in courtrooms throughout the United States and in many foreign countries.
The current case of a woman called “Juror X” in a Cincinnati federal court illustrates how jurors invite scrutiny and possibly jeopardize a verdict when they choose to make online trial-related statements, in possible violations of court rules that seek to insulate jurors from influences outside the courtroom.
Lawyers for Alexander “P.G.” Sittenfeld, a former Cincinnati city councilman who was convicted of two corruption-related charges, are asking a federal judge to allow forensic examination of Juror X’s cellphone, other devices, and social media accounts.
They cite concerns over the juror’s communication with 29 non-jurors on Facebook throughout Sittenfeld’s trial in June and July, despite a judge’s repeated instructions to “not communicate with anyone about the case” via electronic devices or any other means.
Juror X faces consequences for allegedly communicating with 29 people during a trial on which she was empaneled. (Rob Hampson/Unsplash)
Prosecutors object to the proposed probe, calling it “an extraordinary intrusion.” But Sittenfeld’s lawyers call the request “sensible.”
They say inspection of the juror’s devices is the only way to definitively prove whether Sittenfeld’s right to an impartial jury was violated as a result of “extraneous influence” that could have resulted from Juror X’s Facebook postings.
As of Aug. 3, both sides were waiting for U.S. District Court Judge Douglas Cole to rule on the request.
Contempt citing possible?
During trials, jurors are routinely told: Don’t read, watch or listen to any accounts of the case. Don’t conduct your own research. Don’t discuss the case with anyone, not even fellow jurors, while evidence is still being presented.
Yet those rules are probably bent or broken frequently, says Thaddeus Hoffmeister,
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