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Alternate juror’s comment doesn’t entitle man to new trial

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A trial court properly determined an alternate juror’s alleged conduct posed only a remote risk of prejudice, and the judge’s admonishment of that juror was not an error, the Indiana Court of Appeals held.

During Jorge Henriquez’s trial for Class D felony resisting law enforcement, the bailiff told Marion Superior Judge Marc Rothenberg that she believed she heard the alternate juror say “you need to be able to live with your decision” in the jury room. Rothenberg called the alternate juror into the courtroom and told him that he is not to take part in the deliberations or influence the jury in any way and is not to communicate with the jury. The jury convicted Henriquez.

The appellate court looked at Henriquez’s claim that he was denied his constitutional right to a fair and impartial jury using the fundamental error rule since Henriquez’s attorney did not object at trial to the judge’s actions. The appellate court rejected Henriquez’s claim his case is like Lindsey v. State, 260 Ind. 295 N.E.2d 819 (1973), and found it more like Henri v. Curto, 908 N.E.2d 196 (Ind. 2009). In Henri, the alternate juror allegedly used noises and hand gestures to communicate with the jury and also did exercises during deliberations, which caused the jurors to laugh. The Indiana Supreme Court found the alternate juror’s behavior immature, but it didn’t rise to the level of misconduct that would be injurious to Henri.

In the instant case, the trial court, “in its proper discretion, determined that the alternate’s alleged conduct posed only a remote risk of prejudice, if any at all,” Senior Judge John Sharpnack wrote in Jorge Henriquez v. State of Indiana, 49A02-1201-CR-6. “Therefore, no full scale inquiry was warranted.”

There was no error, fundamental or otherwise, and Henriquez didn’t meet his burden of showing that the alleged misconduct was gross and probably injurious to him, Sharpnack wrote.

 

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  • Twisting the facts
    The baliff said she thought she heard an alternate juror say, you need to be able to live with your decision. A definite influence on the jury and admonishment is not going to change that. Anyone that believes otherwise is really stupid. Henriquez's first line of defense is ineffective council. The court of appeals is not going to admit they are wrong even though they are. Think about it the baliff claimed she heard the statement in the jury room, but by the end of the story, that statement became hand jestures. Why was the baliff in the jury room anyway?

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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