MISTRIAL Declared in David Prevatte Trial

[00:00:00] Speaker 1: during our inquiry this afternoon. There aren't enough alternates to substitute in those jurors who may be tainted. I don't believe any further inquiry would remedy the issue. The court concludes in the exercise of my discretion that there has been serious improprieties by this jury such that it would be impossible to attain a fair and impartial verdict and declare that this case is mistrial. This is not conduct on behalf of the state such that Jeopardy attaches. Jeopardy does not attach to the defendant. This is conduct by the jury members themselves. Nothing that the state has done or the defense suggests that either party is at fault with regard to this issue. I feel like both parties have done a fair job in conducting this trial. We all have avoided any instances of improprieties and I think that the issue lies with the jury. Therefore, the court finds that Jeopardy does not attach and the matter may be retried at a later date. Anything you wish to say, Mr. Smith? Nothing, Judge, thank you. Thank you. Mr. Britt? No, sir. Not a lot of those lines. I think that given my decision with juror number three, not to find juror number three in contempt, I will likewise not find jurors number two or number four in contempt. I will indicate to both of them outside the presence of the others that it is based on their conduct as well as conduct of juror number three as to why we have a mistrial but not allow them to debate the issue. So what we'll do is bring in all the jury members. I'll indicate that we, the court has declared a mistrial based on jury misconduct and that they are all relieved from their jury duties. I'll excuse all of the jury members excepting two and four. As soon as the remaining jury members have cleared, then I will address two and four with regard to their conduct. Anything else we need to discuss on behalf of the state? Not from the state, Judge. On behalf of the defense? When is the next administration session? [00:03:11] Speaker 2: Tomorrow. [00:03:11] Speaker 1: Tomorrow. [00:03:12] Speaker 2: Judge, I have to be put on November admin session because Judge Harrell will be setting our priority trial calendar for next year that very afternoon. [00:03:22] Speaker 1: Okay. Matter is set over to November 13th. Is that accurate? Yes. Okay. November 13th. Judge, I'd ask that the bond remain the same. All right. Mr. Britt, regarding bond? I just want to inquire about the admin session so I can file a bond motion. Okay. The bond will remain the same until such a point as you file a motion for bond. All right. Bring the jury in. Bring in the jury and the open. I did it at 3.05. And it's trying to... [00:04:01] Speaker ?: Thank you. [00:04:31] Speaker 1: Thank you. Thank you. Because of jury misconduct, I have declared a mistrial. This time you may take off your badges, clip them to your notebooks. You're free to go. If you need a note for work, please raise your hand. All right. All right. For those who need a note for work, if you can go back to the jury room, we'll bring it to you. Back in the jury room. Okay. For those who need a note for work, you may go back to the jury room. Jurors number two and four, please remain. Your excuse. Thank you very much for your time and attention. The restrictions that I placed upon you are now removed. You're not required to speak with anybody else about this case. You may now discuss and discuss with anybody else who you wish about this case. Your excuse. Thank you. Thank you, Your Honor. Make sure that you're on that, folks. You leave those in your chair. The language is your badge. Everyone this way, please. You'll be accepting them to the jury room. This way, please. The reason for the mistrial is based on misconduct. By you, juror number three, and you too, all right? This is not a discussion, but an admonition. Your juror members reported things that you had said during your deliberations regarding prior interactions with law enforcement. That is the reason why I've declared a mistrial. Your excuse. Thank you. All right. Anything else, Mr. Britt? No, sir. I need to have a discussion with the major about Mr. Perbett's place of confinement. Okay. Mr. Smith. All right. Thank you. We are in recess. If there is any other matter that needs to be brought before me and my attention, I'll keep... Thank you.