Albert Ray Beam v. David Paskett, Warden, Idaho State Prison-Boise

In 1983, the petitioner, Albert Ray Beam, and Michael Shawn Scroggins were charged with the rape and murder of thirteen-year old Mondi Lenten. Each of the defendants, during the course of the proceedings, attempted to place the blame for the crime on the other, and a central issue in the case was which of the two was primarily responsible for the murder. For this reason, each defendant was represent ed by separate counsel. They were, however, tried jointly. Concerned that each defendant’s statements, which inculpated the other, would not be admissible in the other’s trial under Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968), the state requested the court to empanel two juries to hear the case — the juries to sit simultaneously when issues relevant to both defendants were introduced and separately otherwise. The state trial judge, Edward J. Lodge, granted the request. Thus, for example, when testimony probative as to Beam but prejudicial as to Scroggins was introduced or Beam’s counsel would cross-examine a witness, Scroggins’ jury would be excused— and vice versa. Separate opening and closing arguments were given before each jury-

Beam’s jury found…