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Mistrial Declared After Juror Drinks Beer
AP/Yahoo ^
| 3/18/04
Posted on 03/19/2004 1:53:45 AM PST by martin_fierro
Mistrial Declared After Juror Drinks Beer
Thu Mar 18,12:24 PM ET
WHEELING, W.Va. - An Ohio County Circuit judge declared a mistrial in a drug case after a juror was seen drinking a beer during a lunch break.
Judge James Mazzone said Tuesday he would schedule a new trial for William "Willie" Mayfield, 20, of Wheeling, who is charged with possession with intent to distribute both marijuana and crack cocaine, obstructing an officer and battery.
Mayfield is free on bond.
Mazzone said the juror, whom he did not identify, had been seen drinking a beer during the lunch recess at a local establishment. The matter was reported to Mazzone's bailiff, Lt. Melvin Cunningham of the Ohio County Sheriff's Department, who in turn informed the judge.
No charges are expected to be filed against the juror.
Wheeling police arrested Mayfield on Dec. 21 after they allegedly found 4.6 grams of crack cocaine and 37.8 grams of marijuana on him while searching for weapons.
Mayfield is accused of striking Sgt. Lou Dvoracek on the shoulder and spitting on a paramedic who was called to treat him after officers sprayed him with pepper spray.
TOPICS: Crime/Corruption; Government; US: West Virginia
KEYWORDS: beer; juror; mistrial; thatwheelingfeeling
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To: mountaineer; mhking
Ping.
2
posted on
03/19/2004 1:54:16 AM PST
by
martin_fierro
(A v v n c v l v s M a x i m v s)
To: martin_fierro
Jurors can't have beer during a lunch break?!
3
posted on
03/19/2004 1:58:44 AM PST
by
ECM
To: martin_fierro
And how many Martinis did the judge and the lawyers have??
What kind of crap is this? A beer during lunch and we declare a mistrail - I agree, definate Hold Muh Beer Alert material. Maybe even a Just Damn or two.
To: martin_fierro
I thought beer is legal? How can it be grounds for a mistrial?? Stupid judge.
5
posted on
03/19/2004 2:04:17 AM PST
by
goldstategop
(In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
To: mhking
Hold mu' beer!
6
posted on
03/19/2004 2:19:23 AM PST
by
Arthur Wildfire! March
(http://www.freerepublic.com/focus/news/833678/posts?page=1969 Backhoe's latest links)
To: martin_fierro
Judges have become idiots afraid of their own shadow. Unless he instructed the jurors not to drink alcohol during their lunches, he's at fault - again.
7
posted on
03/19/2004 3:16:10 AM PST
by
raybbr
(My 1.4 cents - It used to be 2 cents, but after taxes - you get the idea.)
To: An.American.Expatriate
And how many Martinis did the judge and the lawyers have?? My first thoughts exactly. Oh, but I forgot... laws don't apply to lawyers.
8
posted on
03/19/2004 3:52:58 AM PST
by
FormerACLUmember
(JF'nK = major waste of oxygen)
To: martin_fierro
They should have made every juror drink a twelve pack. Then the perp would truly have had a jury of his "peers."
To: martin_fierro
I'm guessing the judge was looking for an excuse to kick this case. I know of no rules against a lunchtime beer though obviously juror intoxication would be a basis to appeal a conviction.
Worse come to worst the judge could simply have recessed the trial for the afternoon and resumed with a fully sober jury the next day. That he didn't makes me wonder what the unsaid part of the story is.
Beyond that I suppose it's lucky the judge didn;t jail the juror for contempt. I suppose a mug shot would then be appropriate.
10
posted on
03/19/2004 3:58:55 AM PST
by
tlb
To: martin_fierro
fwiw, I know the incompetent reporter who wrote the original story on this incident, which AP then picked up and put on the wire. I don't doubt she left out a lot of relevant information, as is her custom. Mazzone isn't a bad judge, so I figure there's more to the story than hit the wire.
To: tlb
I agree. I think this judge was simply looking for an excuse.
12
posted on
03/19/2004 5:00:29 AM PST
by
1rudeboy
To: martin_fierro
I totally agree what the Judge did. Alcohol is one of the worst drugs in our society; it has ruined more lives than any other drug. Come on, everyone knows what alcohol does to your senses, and what is the reason that people drink it?, certainly not for the taste.
13
posted on
03/19/2004 5:05:04 AM PST
by
garylmoore
(The word "gay" means to be happy not abnormal!)
To: martin_fierro
Burp to the top!
To: Agnes Heep
They should have made every juror drink a twelve pack. Then the perp would truly have had a jury of his "peers."
Don't you mean a jury of his BEERS.
15
posted on
03/19/2004 7:16:50 AM PST
by
BUCKSBUD
To: BUCKSBUD
No, a jury of his "pee-ers".
To: 1rudeboy
I agree. I think this judge was simply looking for an excuse. Jury instructions typically tell you that you can't be "under the influence" of alcohol while you are on the jury (in the courtroom). The judge had no choice.
17
posted on
03/19/2004 7:20:09 AM PST
by
kjam22
To: tlb
I know of no rules against a lunchtime beer though obviously juror intoxication would be a basis to appeal a conviction. I just did federal jury duty, western District, Oklahoma. The info the mailed me before I went specifically said no alcohol. Period.
18
posted on
03/19/2004 7:21:14 AM PST
by
kjam22
To: Agnes Heep
Reminds me of the joke:
What's the difference between beer and pee?
About 20 minutes.
19
posted on
03/19/2004 7:21:42 AM PST
by
dfwgator
To: martin_fierro
Ironic.
20
posted on
03/19/2004 7:21:51 AM PST
by
Wolfie
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