Questions about alternate juror’s conduct delay sentencing for man convicted of murdering Newport retiree

Sentencing for a man convicted of killing a 77-year-old Newport Beach retiree in 1981 has been delayed until Nov. 17 after allegations surfaced that an alternate juror discussed details of the case at a nail salon.

An Orange County Superior Court jury in May found James Andrew Melton, 65, of Los Angeles guilty of first-degree murder for seducing and strangling Anthony DeSousa in what prosecutors contended was a plot to steal from him.

Melton was expected to be sentenced Sept. 15. He could face life in prison without possibility of parole.

However, Judge Gregg Prickett delayed the sentencing after a court clerk reported overhearing one of the four alternate jurors discussing the case mid-trial in May while getting her nails done at a Fountain Valley salon, said Senior Deputy District Attorney Stephen McGreevy.

McGreevy declined to disclose specifics of what the clerk reportedly overheard.

Jurors are prohibited from discussing a case with anyone until the trial is over. They also are not permitted to discuss the case with other jurors until deliberations begin.

One of the two female alternate jurors is expected to appear before Prickett on Sept. 29 to discuss whether she spoke about the case.

The hearing is an effort by the court to ensure that Melton received a fair trial. Prickett will have the woman relay what information, if any, she discussed with other jurors. She was not present for the deliberations.

The other female alternate appeared in court Sept. 15 to discuss whether she had spoken about the case during the trial. She said she did not recall doing so, McGreevy said.

“I do believe Mr. Melton received his day in court and a fair trial,” McGreevy said.

Melton’s defense attorney, Denise Gragg, could not immediately be reached for comment Thursday.

The issue of possible juror misconduct isn’t the first speed bump in the case, which spans three decades.

In 1982, a jury convicted Melton and sentenced him to death for the killing. He was awaiting execution at San Quentin State Prison when a federal judge threw out his conviction in 2007.

U.S. District Judge Robert Takasugi ruled Melton was too heavily medicated on psychiatric drugs during his trial to understand the proceedings or participate in his defense.

After a new trial was ordered, the Orange County district attorney’s office decided not to seek the death penalty.

In the 2014 retrial, a jury deadlocked 10-2 in favor of convicting Melton of murder.

His third trial began May 1.

hannah.fry@latimes.com

Twitter: @HannahFryTCN