Spokane7
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January 7, 2011 in Idaho
Juror conduct at issue in CdA hate-crime verdict
A Kootenai County judge on Friday said he’d never had an inquiry by a juror similar to one made during deliberations in an October hate-crime trial that has caused defense attorneys to request a new trial.
Frank Tankovich and William Tankovich Jr. were convicted of felony malicious harassment and conspiracy to commit malicious harassment for a 2009 altercation with a Puerto Rican man, Kenneth Requena.
The brothers are claiming jury misconduct, saying the foreman improperly halted deliberations and sent a note to the judge expressing concern over racist views expressed by another juror. Defense attorneys said that juror was then harassed and intimidated into delivering his guilty verdict.
“The jury is only supposed to do what you tell them to do and the presiding juror took it upon herself to be an advocate,” attorney Chris Schwartz, representing William Tankovich, told 1st District Judge John Luster.
However, Deputy Prosecuting Attorney Art Verharen said questioning of that juror in chambers revealed he did not feel intimidated or coerced. It was clear the juror delivered his verdict after considering the law, Verharen said.
The verdict had to be unanimous, and the other jurors had decided on a guilty verdict.
Luster said jurors frequently will ask for clarification of instructions, but the intent of this request was to question another juror’s behavior. Luster directed the jury to continue deliberating then conducted the inquiry in his chambers after the unanimous guilty verdict was rendered.
Luster said jurors across the country yell and scream at each other every day in an effort to convince each other of an opinion. “That is the reality of the functioning of juries,” he said.
Luster said the important distinction to make is what impact the actions of the presiding juror had on the Tankoviches’ right to a fair trial. He took the motion under advisement and said sentencing, which had been set for 3 p.m. Thursday, might have to be moved.
“Until the court has a chance to fully evaluate this, I think it best not to proceed with sentencing,” he said.
Two Fernwood residents dead after Monday accident 
TOOBAD2 on January 07 at 12:46 p.m.
this is why i don’t serve on jury’s. most trials send innocent men to jail for doing nothing. most of the cops lie to get a convicition. and if you think you can trust an attorney. think again. they just want the money. and then you have the judge. oh yes he runs the dog and pony show just for the news reporters. and they call this justice? might just as well go to las vagas and rool your dice. it’s just the same.
greyhound2 on January 07 at 1:05 p.m.
After three trials, it is pretty obvious this was a campaign.
Kimber on January 07 at 2:43 p.m.
if you knew the history of these two guys…you’d have voted for a guilty verdict too.
vandalfan1 on January 07 at 6:50 p.m.
I’m afraid that, like paying taxes and going into the military if drafted, serving on a jury is a citizen’s duty. Nobody is thrilled to be there, so everyone has to take a turn. You really don’t get to decline. Do not “rool” your dice, with Judge Luster or any of the other fine judges here.
TMT on February 09 at 12:54 a.m.
OK kimber and you know the history of these two guys???? please oh please tell me what you know…. Vote guilty my ass… Speak only if you know what you know and not from what you read. that goes for everyone out there……. so kimber where u on the panel of one of the 3 trails? are you a family friend??? relative??? coworkers of yours perhaps? did you serve them a ice cream cone at a stand??? are you a stalker? seriously how could you possibly know the history of these two guys (3 guys if you would read all the articles since 2009) ???? do you know the history of these guys from reading articles from the newspaper? when you have legitament comments to make then go ahead and leave your comment if not keep your face shut.
haha some people……….
New_Improved_Drywitt2000 on February 09 at 4:47 a.m.
TOOBAD2:
Given your views on the American legal system, I believe I speak on behalf of all justice loving Americans in applauding your decision not to serve on a jury.
Not that any prosecuter would ever allow a crazy SOB like you to serve on one.