Don’t Provide Visuals in Trial? Jurors will get them.
June 4th, 2009 Posted in Legal Video, Phoenix Trial Presentation, Trial Consultants, Trial GraphicsFrom: http://www.cbc.ca/canada/nova-scotia/story/2009/05/19/novascotia-serbu-murphy.html
JUROR TOOK PHOTOS OF CRIME SCENE
A Nova Scotia defence lawyer whose client was convicted of breaking and entering is alleging that a juror created evidence not presented at trial.
Kelly Serbu believes his client, Marcel Shaun Murphy, was convicted last week based on 10 photographs a juror collected outside of court.
“Obviously, someone from the jury had those photographs — one or more,” Serbu told reporters outside Nova Scotia Supreme Court on Tuesday. “It’s my opinion that this is a direct violation of the court’s direction that they’re not to do any private investigation.”
Murphy was convicted last Tuesday of breaking and entering into a warehouse in Dartmouth’s Burnside industrial park in the spring of 2006.
The next day, both the defense and the Crown were called back into court after a clerk logging evidence discovered an envelope containing 10 photographs of the two warehouses at the heart of the case.
Neither lawyer had seen the images before.
In court Tuesday, Serbu called for a mistrial, saying the 8×10 photos were not entered into evidence. He said it appears a jury member took the photos, had them developed, then brought them into the jury room, breaching an oath to consider only the evidence presented at trial.
Serbu said one of the photos had a handwritten message on a label, while nine others had computer-generated labels identifying the location.
The Crown didn’t introduce any photos of the warehouses during the trial, he noted.
Prosecutor Peter Craig told reporters that one set of photos showed the warehouse where property was taken from. The other, he said, centered on the warehouse where the property was stored.
Craig said he doesn’t know where the images came from, though he said they were in the jury room.
“We’re still trying to sort out all the details, but this a highly unusual situation,” Craig said. “I think the most significant fact that still needs to be determined is whether or not the jury saw these photographs, and that’s obviously something that people will be trying to find out.”
Craig said he has informed Halifax Regional Police.
A police spokesman, Const. Brian Palmeter, said officers have yet to determine whether a criminal investigation is warranted.
Though Serbu requested a mistrial, Justice Nick Scaravelli ruled that the matter is out of his hands and he can’t declare one because the case is over. He said the matter will have to be sorted out on appeal.
Serbu said his client hasn’t made a decision, though he’s confident an appeal will proceed.
