Hearing Ordered on Jury’s Conduct

The 4th District Court of Appeal has ruled that a man convicted of a 1994 murder outside an Anaheim apartment complex deserves a hearing to investigate allegations of jury misconduct.

Jose Luis Duran was convicted of fatally shooting Guadalupe Salas during a quarrel.

After the verdict was reached, a juror told defense lawyers that another juror had initiated the panel’s deliberations by saying: “A man is dead and someone has to pay.”

The juror said many on the panel agreed with the statement, and that he was given, by another juror, an article about the O.J. Simpson and Menendez brothers murder cases to “help decide the case.”

The article was critical of defense attorneys and the criminal justice system, the juror said. At least one juror also considered, against court instructions, Duran’s potential penalty, according to the opinion.

The appellate court said Duran should be allowed to seek personal information about jurors, such as names and telephone numbers, in a hearing to investigate the alleged misconduct. State law allows defendants access to personal information about jurors in court records for the purpose of developing a motion for new trial, the court noted.