People v. Warner CA1/2

BACKGROUND

Because the motion for new trial was based primarily on what happened in voir dire, we describe the evidence at trial only briefly. We describe the jury selection process in some detail, focusing particularly on Juror 17, whose actions were the basis for the motion for new trial and this appeal.2 Trial Marianne McKinney, defendant Warner’s then fiancé and two months pregnant, jumped out a first floor window and called 911 to report that Warner had just beaten her over a 19-hour period on December 19 and 20, 2011. She said she had lost consciousness twice because he had been beating her on the head. According to McKinney, she and Warner both ingested methamphetamine at some point during the period in question; he forced her to use it even though she had stopped using on account of her pregnancy. McKinney told law enforcement that when Warner forced her to use methamphetamine, he told her, “ ‘it’s gonna be a long night and you’re gonna be up all night.’ ”3 In interviews with law enforcement officers McKinney described brutal beatings at the hands of Warner, including that he put his finger in her eye, held scissors to her neck and threatened to kill her, and dragged her…