The jury foreman entered the elevator in which defendant and his family were having a conversation about the case. No one noticed him at first and continued talking. He had the option not to ride in the elevator with the defendant. Misconduct??
I agree with Mr. Bailey's assessment. It was not necessarily misconduct on the part of the juror, but it could lead to problems with the case.
If this juror now is in possession of information about the case that was received outside of testimony in open court, it could lead to a mistrial or dismissal of that particular juror. If the juror discussed what they overheard with the other jurors, then it may well lead to a mistrial.
The specifics would determine just how extensive the issue is. The defendant's attorney should be advised of this ASAP so they can take appropriate steps.
NO, this was not misconduct. It was a public place. You should never have been discussing the case in a public place in a manner that could be overheard. On the other hand, your lawyer needs to be made aware of this and bring it to the attention of the judge, to see if the juror discussed the overheard conversation with the other jurors. Depending on the status of the case, this may be grounds for further legal motions, such as dismissal of the juror (if the case is still pending) or potentially a Motion for a new trial. Discuss the options with your lawyer as soon as possible, as time limits or case status can affect the availability of certain types of relief. Good luck.
Disclaimer: The above answer does not constitute legal advice, attorney advertising, or establish an attorney-client privilege; and, is offered for the limited purpose of educating the requester as to the potential legal issues they need to discuss with a lawyer in their State. I strongly recommend you discuss this situation with an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions as to how to proceed. Do not presume that any legal analysis that may apply in NJ where I practice would apply in your State or under the facts and circumstances of your case, unless an attorney admitted in your State advises you that it applies to you and your case.
