Judge grants mistrial motion
A “three-strikes” child-molestation trial was halted Thursday when a juror reported her displeasure with comments by other jurors and the performance of the defense attorney.
Terry Milton Moncrief’s trial is to begin again Monday with selection of a new jury. If convicted as charged, he faces life in prison without the possibility of parole under a law that gives violent criminals only three chances.
Moncrief, 43, is a Level III sex offender, the kind considered most likely to commit new sex crimes. He has been convicted of sex offenses against three other boys in Redmond, Wash., and Fayetteville, N.C.
In the case that ended in a mistrial Thursday, Moncrief is charged with third-degree child molestation, sexual exploitation of a minor and possession of photos of a minor engaged in sexually explicit conduct – involving a 14-year-old Spokane boy.
The abuse is alleged to have occurred between December 2002 and July 2004. Moncrief is accused of touching the boy inappropriately and photographing him nude and in sexually provocative underwear.
Attorneys were supposed to present their closing arguments Thursday morning when one juror reported she had discovered in the course of testimony that she knew one of the witnesses. Before Spokane County Superior Court Judge Neal Rielly could finish dealing with that issue, another juror complained that she felt pressured by the remarks of several other jurors.
The woman noted she had stated during the jury selection process that she would hold out against a majority if she felt she was right. She said three other jurors commented that they hoped that wouldn’t happen in this case.
She also said she had trouble sleeping overnight because of her belief that Assistant Public Defender Al Rossi wasn’t representing Moncrief adequately. The juror said she had hoped for “more cross-examines,” and thought Rossi should have put Moncrief on the stand.
The juror said she thought several other jurors – who sighed, rolled their eyes or made similar gestures – shared her view.
What she apparently didn’t know, and deliberately wasn’t told, is that Moncrief has twice been sent to prison for molesting boys. If he had testified, he would have exposed himself to potentially damaging cross-examination. A simple miscalculation in his testimony could have revealed his criminal record.
Defendants often exercise their right to keep silent. Their attorneys, as Rossi did, also sometimes present few or no witnesses and try to convince juries in closing arguments that prosecutors haven’t met their burden of proof.
Just a month ago, Rossi won an acquittal with a closing argument that created doubts about charges against a defendant who remained silent.
Rossi moved for a mistrial in the Moncrief case on grounds that jurors had violated Rielly’s order not to discuss the case until given permission. Deputy Prosecutor Kelly Fitzgerald made no objection after consulting a colleague who specializes in appeals.
Rielly granted the motion, adding that he saw nothing wrong with Rossi’s performance.