Member # 1119
posted 01-24-2012 03:25 PM
Flash message, another mistrial has been declared today in the Dyer trial.
Apparently the prosecutor's office had some verifiably blatantly inappropriate contact with the jury pool to the point that a couple of jurors brought it up during jury selection. The matter would normally be a pretty serious ethics violation which could result in disbarment of the order-giver, so they are putting it off on one of the secretaries in the DA's office. The Judge has now declared a mistrial.
Also, now being reported by a reliable source, there was some issue with Dyer being denied some food items at the jail, asking for the food, then when being denied, said he would refuse the restricted diet someone had ordered him to be given. That was instantly declared a "hunger strike" and he was attacked by deputies for "resisting". Not sure if it was a force feeding of the pourridge thing or what, but he was apparently punched and tazed.
From what I gather, it was done on "orders" but the first deputy to punch him had once been a friend and co-worker of Dyer, someone saw that the deputy was "going light" in punching Dyer (like faking the beating I guess) and then stepped in with a tazer and shocked Dyer several times. We will be attempting to get the names of the people involved, but generally speaking, the prosecutor is the primary authority in a case involving restricted conditions of pretrial confinement, with the chain of command functionally going to a jail commander then a shift supervisor, although larger departments will also have a case officer within the department who orchestrates these things semi-officially in order to give the prosecutor some level of personal plausible deniability.
Trial date is apparently being reset for some point in April.
Coordination on our end of this is pretty good right now, much better than at previous trials, we have people on the ground observing things pretty closely at the moment.
Life liberty, and the pursuit of those who threaten them.
Posts: 1845 | From: Oregon | Registered: Sep 2002 |
Member # 1582
posted 01-24-2012 04:16 PM
UPDATE: Dyer case ends in mistrial, again
Posted: Jan 24, 2012 3:39 PM CST
DUNCAN, Okla. – Shortly after testimony started today in the trial of Charles Dyer, accused of sexually abusing a 7-year-old girl, the judge declared a mistrial.
The reason? The judge ruled that the district attorney's office made inappropriate contact with a few of the jurors. The DA had sent a survey to them last week asking their opinions on how a previous case they had been chosen for was conducted, which is a standard procedure.
Even though the content had nothing to do with the dyer case, the judge felt it could "potentially" impact the jurors.
The surveys are normally sent after the jury term ends, not during it. And this impropriety became known at the end of the first break around 10:45 a.m. today. When court reconvened after lunch, Dyer's attorney asked for a mistrial and the judge granted his request.
Today, around 3 p.m., you could see prosecutors and defense attorneys lugging their boxes full of case files out of the courtroom and just hours after they had delivered opening arguments and began hearing testimony.
During the first break, someone informed the judge that members sitting on Dyer's trial had received mail from the Stephens County DA's Office. The judge told the courtroom, a staff member mailed the letters to 39 jurors on Jan. 20, who had sat on three jury trials last week. Now, two of them are on Dyer's panel and one as an alternate.
The judge also said he did not think the content of the letters and surveys pertained to Dyer's sexual abuse trial, but that in the end it could potentially sway the jury.
The judge stressed it was not the jury's fault, and that this should not have happened. And the prosecutors themselves did not know about the mishap until this morning. In fact, prosecutors had just started questioning their first witness, the mother of the alleged victim, when the trial the request for a mistrial was set in motion.
Now this is the second mistrial on the same charge for Dyer. The previous one came in April, when the jury was deadlocked and unable to reach a verdict. Prosecutors have already set the date for yet another re-trial. This one is scheduled for April 16.
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