is this justice?

[TAMMY]

What is the name of your state? New Mexico
I was ticketed for shoplifting. plead not guilty, had a public defender. Went to trial, on break before the jury went to deliberate, the DA told my defender she felf she lost the case. I am not guilty. I have never been in crimnal court. I was told to go to the back where the judges office is for break. The jury and witnesses (policeman, and lpo) were in the lobby altogether. Next thing I knew, I was sent to the judges chambers, because my defender stated that the police man and witness was talking to a jury member. The case was declared a mistrial. Now I have to go through the process again. Going in front of the jury members for selection was unreal.
I had to stand in front of 56 citizens to choose 8 members. our town is small and it has been very humiliating, and again I am not guilty.
My defense attorney, told me that it was polictics. He had won a big case the day before against the same DA and it would not look good for her to lose again. He stated that he had to bring it to the judges attention, because if we lost would it have been because the jury member knew or liked his personnality? The jury member did not get to see or speak to me. He did not want to take the chance.
My question is could the DA have the policeman talk to the jury member to throw the case off?
I mean doesn't the policeman know the proceedures? How can they alter some ones life because they don't want to face their boss? What can be done? How is this justice?

 

[BelizeBreeze]

What is the name of your state? New Mexico
I was ticketed for shoplifting. plead not guilty, had a public defender. Went to trial, on break before the jury went to deliberate, the DA told my defender she felf she lost the case. I am not guilty. I have never been in crimnal court. I was told to go to the back where the judges office is for break. The jury and witnesses (policeman, and lpo) were in the lobby altogether. Next thing I knew, I was sent to the judges chambers, because my defender stated that the police man and witness was talking to a jury member. The case was declared a mistrial. Now I have to go through the process again. Going in front of the jury members for selection was unreal.
I had to stand in front of 56 citizens to choose 8 members. our town is small and it has been very humiliating, and again I am not guilty.
My defense attorney, told me that it was polictics. He had won a big case the day before against the same DA and it would not look good for her to lose again. He stated that he had to bring it to the judges attention, because if we lost would it have been because the jury member knew or liked his personnality? The jury member did not get to see or speak to me. He did not want to take the chance.
My question is could the DA have the policeman talk to the jury member to throw the case off?
I mean doesn't the policeman know the proceedures? How can they alter some ones life because they don't want to face their boss? What can be done? How is this justice?

These are all possibilities. Want to spend about $20,000 to find out?

 

[seniorjudge]

My question is could the DA have the policeman talk to the jury member to throw the case off?


There is a 50-50 chance, more or less.

Of course, your lawyer could be full of hot air. That is more likely.

 

[gawm]

Have your lawyer put in a motion to the judge to have the case dismissed with prejudice. If I am not mistaking, and I could be mistaking, If things are not going too well for the state and they purposely do something to cause a mistrial, the judge can do a deferred judgement or something. Maybe one of the lawyers can explain this a little better. The policeman should of known better to talk to a jury member. BTW -If things went so well at trial ask your lawyer why he didn't let the jury go through with the verdict? If it did not come back in your favor this would of been an excellent appeal point.