Lawyer-Juror’s “Gross Misconduct” Does Not Overturn Verdict

The Indiana Supreme Court has affirmed a trial court determination that gross juror misconduct – omission on a questionnaire that the juror had been charged and was a victim of domestic violence – did not warrant a new trial.

Notably

We find [juror] L.W.’s conduct even more egregious because she is an attorney who had previously handled some criminal matters and as such, she should have known better. In this regard, her conduct is more egregious than the juror in Warner. Perhaps we would be in a different position had she not been an attorney or even if she was more open and honest during her post-trial deposition. She was not though. Because her answers on the jury questionnaire were cryptic and her demeanor during her post trial deposition was defensive and evasive, we find that her misconduct was gross.

The defendant was charged with the murder of his wife and attempted murder of his two daughters.

His defense was insanity

We would perhaps be in a different situation if the evidence were closer regarding Loehrlein’s sanity or if the issue to be determined at trial was whether he harmed his family. But as it stands, it is not likely L.W.’s misconduct harmed Loehrlein at trial because L.W.’s prior personal experience with domestic violence is not directly related to a sanity inquiry and further, she testified that she was impartial.

(Mike Frisch)