MISTRIAL?! Judge Faces Jury Misconduct Bombshell Va. v Dr Ebony Parker

Indexé : 2026-05-20

[00:00:07]Um Let me see.

[00:00:11]Uh took a a moment, but back to juror number 33.

[00:00:15]Uh anything in addition to this or any comment on his responses?

[00:00:20]Yes, Your Honor.

[00:00:22]Um regarding to it, number 33, um I think what's most telling is what the uh juror said it while he's not being asked direct questions about whether they discussed the issue or discussed the case.

[00:00:36]Um several times he used the word we, um indicating that they had >> [clears throat] >> deliberated before a discussion of the case between the jurors.

[00:00:44]He said he stated that he asked the question of about the direction of what they're to consider and what they're not to consider. Um in the light of that, we give the answer [clears throat] to that question. Um that indicates that they there was discussion um about the uh about the issue that he raised with the court.

[00:01:04]Moreover, um the issue or the questions raised by juror number Can you look Look at the young lady.

[00:01:15]Yeah. 38. She's 38.

[00:01:17]>> 38.

[00:01:18]Um Your Honor, frankly, I think those questions um were were improper and have, you know, kind of aided the the combo with knowing what the court is during at the time like the trial is going on.

[00:01:32]Allowing them to potentially to potentially uh shout or shake them ongoing um examinations of the witnesses.

[00:01:41]And so, Your Honor, for that reason, we believe that we make a motion for a mistrial.

[00:01:47]Okay.

[00:01:53]Had you sworn the clerk? Yes, sir.

[00:01:54][clears throat] >> I judge with respect to the issue with number 33 announcing this question to the panel.

[00:02:54]I share the defense's concerns about that.

[00:02:58]Um it sounds to me like the question almost suggested to them that they should be confused about it and started to start their reasoning over the evidence.

[00:03:13]So, I share their concerns about 33.

[00:03:17]Um I don't share the concerns about 38 that were mentioned. Um because I can't change what my evidence is based on what they asked. Um Like like I couldn't suddenly admit a 911 call because no 911 call was provided in discovery. We wouldn't be allowed to do that, for example.

[00:03:40]Um however, and while I know number 38 I I feel like number 38 has, you know, begun to form conclusions uh in her mind about the case as well.

[00:03:54]And given that I I think I have to agree with the defense on this.

[00:04:08]Um I will recess to consider this.

[00:04:13]Um again, we also have two alternates.

[00:04:17]Um so, um we could um release jurors 33 and 38 and still have 12 jurors. But, I do want to say I hear your concern um that Again, juror let's let's Juror 38 wrote her questions on the lawn and were not shared or disseminated with the other parts. So, if there concerns about juror 38's questions, juror 38 could be released as an alternate and we still have a constitutional jury.

[00:04:52]Juror 33 did ask his questions of the other jurors um and and we are all grateful the other jurors didn't respond and follow up the cautionary uh instructions that court did give not to deliberate until this case is given to you for deliberation.

[00:05:09]Um Again, um let me add to this. Uh the sheriff has indicated juror 33 uh the gentleman does have a notepad that that it was not a notepad court issued, but we don't know what's in the notepad.

[00:05:25]Um so, um let's bring him back out again and see what's in the notepad.

[00:05:32]Well, hold on hold on, Sheriff. Yes, Mr. King. Just um just a little clarification um regarding juror number 33, I don't I I this testimony from what I recall was not that they did not um answer to He said that they could not they didn't have Oh, they said they didn't Yeah, you're right. They didn't know. Right.

[00:05:50]So, that's to me that didn't get So, let's let's follow up on that.

[00:05:55]Okay, bring bring out juror number 33 again, please.

[00:05:58]Okay.

[00:06:14]Okay, and you can have seat juror number 33. Okay, we uh two questions of clarification.

[00:06:19]Absolutely. Um I do want to say that you said you asked your questions of the other jurors.

[00:06:24]And if you could give me the detail verbatim responses you received, whether it was they did not answer you or they said words, if you could give me the actual your recollection of those conversations.

[00:06:37]And with how many jurors?

[00:06:39]My recollection of the conversation was um I posed the question.

[00:06:46]I want to say here, and he said he could not answer it and present it to you. And both questions to who?

[00:06:51]The Okay, got you. The chair, okay. Yes.

[00:06:54]Um And he said he could not answer it.

[00:06:55]Could not answer that as a question for the judge. Um And he stepped out. I I think he said I was curious about um making sure that our our information is accurate.

[00:07:07]Trying to remember verbatim their responses, but generally it was just a I apologize that I did not write a lot of it in my memory.

[00:07:20]Um I don't remember any particular responses as much as they it might be good to clarify, it would be good to know, and the conversation moved on. I believe to traffic cameras.

[00:07:35]So, I believe that was the extent of the conversation then.

[00:07:40]I'm sorry, I can't be more specific.

[00:07:42]Okay, then I just memory is is fine and um So, did anybody the wordy responses or did they greet you with silence?

[00:07:52]Did you receive responses to the question?

[00:07:56]The only responses I can recall to any extent was a general assent that clarification would be good to have.

[00:08:08]Okay. And how you was how was that general consent that clarification would be good to have uh conveyed to you? Was there a physical gesture? Was it a verbal Verbal responses to the extent of something to the effect of Oh, yes, that would be pretty good.

[00:08:31]Okay. And do you know how many would have shared that? Can you approximate?

[00:08:38]Maybe three or four people.

[00:08:40]Okay.

[00:08:41]And those are my questions to you, but again, as a procedure, I'm going to turn to the attorneys and see if they have additional questions.

[00:08:48]Uh So, you just sort of asked in the chat uh that the conversation moved on to traffic cameras. Yes. Sorry.

[00:08:58]Um was it like uh Did you describe the nature of that conversation was? Um Trying to remember because it's going between considering my question, sipping my coffee, and generally paying attention to the traffic. So, I apologize if this is not very specific. Um We're trying very hard to not discuss the case in any capacity, so we're trying to avoid topics of conversation.

[00:09:30]People were discussing kind of being caught by traffic cameras. Okay. So, Sure. So, if it wasn't in relation to is there traffic camera evidence in going I don't have anything to add. Okay.

[00:09:51]Uh Mr. Rogers and Mr. T.

[00:09:57]>> [clears throat] >> Okay, no. I just was Okay, and then juror number 33, it was mentioned to me that you had an extra notebook. Were you recording any notes from the trial in that extra notebook?

[00:10:08]>> The extra notebook was the initial notebook I brought in. I was unsure if notebooks would be provided to us.

[00:10:15]Um I left it here with the other one. I believe it just simply says jury notes and the date. And when I heard that we were not allowed to take other notes, the notebook was placed down on my feet and has not moved from that position.

[00:10:28]Okay.

[00:10:29]Wonderful.

[00:10:30]Thank you.

[00:10:32]Let me because I changed the topic when I turn to the attorneys to make sure they don't have any additional questions. No from the front row.

[00:10:39]Okay. Thank you, juror number 33. Again, you are not in trouble, but we just have to make sure everything is perfect. Um >> I understand before that you can retire back to the jury room. Thank you very much. Thank you, ma'am.

[00:10:56]Okay. I need to take additional notes before I take the recess to research and consider the issue.

[00:11:03]The mistrial motion made um based upon uh juror number 33 having conversations with the other jurors.

[00:11:14]Uh my position remains the same. No from The um Yeah, my position remains the same. Um and just want to note that the juror seems to not remember the book was not remember um exact Thomas exact conversations that went on regarding the issue.

[00:11:37]Um so, again, I'm going to retire for deliberations.

[00:11:40]Um just for human planning purposes, it'll probably be at least 15 minutes.

[00:11:44]So, if people need to use the restroom or go to the car or something, please feel free to do so.

[00:11:48]Um I'll be honest, I'm inclined to deny the motion even though the folks already said they did. Um as the question for clarification and did you understand that and the responses um I think will be harmless, but let me research it and consider it in detail. And I'll be back in Let me see, it's 9:54. Hopefully, let's try to check in at 10:15.

[00:12:13]And then Madam Hearing, make sure jurors have, you know, extra snacks and whatever they need cuz they've been in that room a good hour and 15 minutes, but Okay. Um I will be in recess. Thank you.

[00:12:26]All rise.