BY MATT DINGER mdinger@opubco.com
The judge in Del City police Capt. Randy Harrison's manslaughter trial denied a motion for mistrial, excused an uncooperative juror and sent the jury with an alternate juror for further deliberation Tuesday afternoon.
“I think calling this a hung jury at this point is improper,” Oklahoma County District Judge Donald Deason said.
Harrison's defense attorney Doug Friesen submitted a motion for mistrial to the court Tuesday, citing an erroneous television news report claiming that the jury was leaning toward conviction.
“We're saying that this is a mistrial because the sanctity of the jury has been compromised,” Friesen said.
The judge also identified a juror who refused to compromise or even cast a vote as to Harrison's guilt or innocence and excused her.
“You are violating your oath and you are further excused from jury service,” Deason said.
The alternate juror, who was contacted the judge's bailiff Tuesday morning, took her place on the jury and the jury was sent back for further deliberation.
Friesen also objected to this, citing a state statute that says alternate jurors may only be used in case of illness or death of a regular juror.
He also said that he had copies of Facebook communication Monday night between two witnesses who had previously testified in the trial and a third party as basis for mistrial.
Friesen's motion was denied.
Harrison, 48, is charged with first-degree manslaughter.
Read more on NewsOK.com