Kelly

Introduction

Defendant, David Bryan Kelly, was convicted by a jury of 17 felony counts of various sex crimes involving 2 young boys.

Prior to trial defendant made a motion for the psychiatric examination of one of the victims, James R., which was denied.

The defendant made a motion for new trial based on several grounds, including juror misconduct. The motion was denied.

Defendant filed a timely notice of appeal and raises three issues on his appeal.

Discussion

I.

Was Defendant Denied a Fair Trial Because One of the Jurors Failed to Disclose During Voir Dire That She Had Been Sexually Approached as a Child by a Stepuncle?

After the trial was concluded, defense counsel was approached by one of the jurors, Mrs. G. She told him that when she was young she had been bothered by someone. She told her parents and was not believed. Based on this conversation, the fact that Mrs. G. left the jury box one day in a tearful condition, and waved to the child witness on one occasion, defense counsel made a motion for new trial asserting that Mrs. G. was guilty of misconduct by not revealing this during voir dire.

Mrs. G. was called to testify at the motion for new trial. She…