People v. Alvarado CA4/1

DISCUSSION

I. Dismissal of Juror No.

Defendant contends the trial court erred by dismissing one of the jurors, Juror No.

3, after she reported having an encounter with codefendant Moore outside the courthouse

3 at the end of the first day of deliberations. He maintains the court used the wrong

standard in assessing whether the juror could deliberate and failed to properly analyze

whether there was a legal basis for excusal. He argues the court's conclusion that the

juror could no longer deliberate was contrary to Juror No. 3's own statement that she

could focus on the evidence and remain objective and unbiased.

A. Background

The jury commenced deliberations shortly after 1:30 p.m. on July 3, 2013. After

the jurors reassembled on July 5, 2013 to resume deliberations, the bailiff reported that

Juror No. 3 had informed him of an encounter she had had with codefendant Moore and

wanted to discuss with the court before continuing deliberations because she was

uncomfortable. The court had Juror No. 3 brought into the courtroom. She explained to

the court and attorneys that she was sitting on a bench waiting for her husband about a

block away from the…