Mistrial Declared In Murder Case Juror Discussed ‘3 Strikes’ Ramifications With The Panel

Juror misconduct prompted a judge to declare a mistrial in the murder and arson trial of a Richland man who faced the possibility of life imprisonment.

Jurors were never told that a conviction could send Scott Britton to prison for life under Washington’s “three strikes” law. But last week, the wife of a juror told her husband that fact after reading about the case in the local newspaper. The juror then inadvertently discussed it during deliberations.

Benton County Superior Court Judge Philip Raekes said Tuesday he had no choice but to declare a mistrial.

“I think everybody is disappointed that this trial did not come to a final conclusion, and it will probably have to be retried,” Raekes said.

The judge noted that misconduct occurs when a juror introduces to other jurors information that is “outside the recorded evidence at the trial and is not subject to the protections and limitations of open court proceedings.”

Britton, 26, will remain in the Benton County jail pending the new trial. By law, a new trial must be scheduled within 60 days.

Raekes did not criticize any jurors. He instead pointed the finger at the news media.

“It’s unfortunate we have this clash between the right of the defendant to a fair trial and the right of free press,” Raekes said in court. “Time and time again, reading in the newspaper, on the television broadcasts, was this reference to (the fact) that this was a three strikes case.

“The court was concerned about this at the start, and yet the media kept repeating it, kept putting it out, and unfortunately, because of that, it resulted in what happened here.”

Britton has four convictions for second-degree robbery since 1989. Most recently, he pleaded guilty to second-degree robbery in 1994 in Snohomish County.

The 1993 three strikes law allows for life imprisonment for three-time violent felons.

Prosecutors say Britton fatally shot his landlord and housemate Aaron J. Laws in June and then set the house on fire to hide his tracks.