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Wednesday, March 25, 2009

Ind. Courts - "Judge Mary Harper is researching what information jurors are required to provide to attorneys"

James D. Wolf Jr. reports today in the Gary Post-Tribune:

VALPARAISO -- A county judge is researching protection of jurors after a Portage man attempted to contact the jury members who found him guilty.

Because of the actions of Thaddeus Rodriguez Sr., 37, an inactive member of the East Chicago Latin Kings, Judge Mary Harper is researching what information jurors are required to provide to attorneys.

"I was shocked that it had happened in the first place," Harper said in court Tuesday, referring to Rodriguez having his daughter contact one juror's family. He also gave her the address of another juror.

The incidents happened between Rodriguez's Jan. 9 conviction of burglary and March 17 sentencing to 36 years in prison.

He apparently wanted to know if jurors saw his prison ankle bracelet during the trial, in hopes of a mistrial.

Deputy Prosecutor Trista Hudson contacted jurors after newspapers published the story about the contact.

Two asked that Rodriguez be served no-contact orders to protect them.

All juror names and personal information have been sealed from the public in this case.

Harper plans to send her findings on jury information to the Jury Instruction Committee in Indianapolis.

Currently, attorneys are given the names, ages, addresses and employers of prospective Porter County jurors.

Professor David E. Vandercoy, who heads Valparaiso University's legal clinic, said attorneys often use the information to investigate potential bias.

"You probably get more information that way than you would in open court," he said, saying that if the list isn't available, extensive juror questioning should be allowed. * * *

Ivan Bodensteiner, who teaches law at VU, said the Supreme Court upheld the public's right to open trials in the case of Richmond Newspapers vs. Virginia in 1980.

"If the trial has to be open, presumably that includes the jury selection process. And if the information comes out in the jury selection process, it's out there," Bodensteiner said.

Indiana Jury Rule 10, Juror Safety and Privacy, reads:
Personal information relating to a juror or prospective juror not disclosed in open court is confidential, other than for the use of the parties and counsel. The court shall maintain that confidentiality to an extent consistent with the constitutional and statutory rights of the parties.
Here is the Indiana Judicial Center's "Jury Rules FAQ," including specifically Q&A re Rule 10 - well worth reading.

For more information and background, see this Nov. 26, 2008 ILB entry re making juror questionnaires public. The "note from a reader" seems right on point.

Posted by Marcia Oddi on March 25, 2009 07:41 AM
Posted to Indiana Courts