Weatherton

A jury convicted defendant Fred Lewis Weatherton of robbery, attempted murder, and two counts of first degree murder with special circumstances, then returned a verdict of death. Because juror misconduct during the guilt phase raises a substantial likelihood of actual bias, we reverse the judgment.

I. FACTS

In light of our conclusion, we summarize the relevant facts.

On the afternoon of Halloween 1998, defendant, Ernest Hunt, Nelva Bell, her roommate Connie Olivolo, Samuel Ortiz, Latonya Roberson, and her one-year-old son convened at Hunt’s home in Indio. The adults shared crack cocaine brought by Bell and Olivolo. Defendant was known by the nickname “Boo-Boo.”

Defendant had no money, but was intent on obtaining more drugs. During the evening, he suggested Olivolo have paid sex with one of his friends. He and Bell twice acquired crack on credit from a drug dealer. Later that evening, Bell, Roberson, and her son left Hunt’s and went to Ortiz’s house to spend the night. Defendant returned to the drug dealer’s home, where he obtained more crack on credit and displayed what appeared to be a firearm.

Early in the morning of November 1, Bell awoke to hear defendant’s voice…