Loot
People v. Loot
Opinion
Opinion
Johnson, J.
.—Defendant Kendrick P. Loot appeals from the judgment following his conviction of attempted murder, assault with a firearm and shooting at an occupied motor vehicle. We affirm.
Facts and Proceedings Below
I.-III.
IV. It Was Misconduct for a Juror, During Trial, to Inquire About the Marital Status and “Availability” of the Prosecutor but the Misconduct Was Not Prejudicial.
On the second day of deliberations Juror No. 12 encountered Ms. Ward, a deputy public defender, in the elevator. She asked Ward if she knew Mr. Wright, the prosecutor in defendant’s trial. Ward, who did not know she was talking to a juror in that trial, replied she knew Wright. The juror then asked if Wright was married and, when Ward said no, the juror asked if he was “available.” Ward said, “I believe he is.” The conversation was conducted in a lighthearted manner. Later realizing the person asking about Wright may have been a juror, Ward reported the incident to the judge trying the defendant’s case.
The court held a hearing with Juror No. 12. She admitted asking Ward if Wright was married but denied asking if he was “available.” She also told the court she had not related this conversation to…