Juror Removed in Trial Over Smoking Death

A juror who had posted “No Smoking” signs on the wall near her desk at work was removed Monday from a trial to determine whether the R. J. Reynolds Tobacco Co. is liable in the death of man who smoked the firm’s cigarettes for almost 50 years.

R. J. Reynolds attorneys said a co-worker of juror Bernadette Mobarak had reported that she had often turned a fan on in the direction of a cigarette smoker, complained to superiors about smoking in the office and posted signs.

“This whole thing is being blown out of proportion,” said Mobarak, a first-year law student who works at a Raytheon Corp. plant in Goleta. “I only complained about it in a very casual way.”

No Move of Site

In another development Monday, Reynolds attorneys chose to keep the case in Santa Barbara Superior Court rather than move to a federal court. Because the plaintiff’s attorneys had dropped as defendants two Isla Vista markets where the man bought cigarettes, Reynolds attorneys had the option of seeking a transfer to federal court.

They decided to stay in Santa Barbara, partly because “so much time and expense already has been invested,” said an R. J. Reynolds spokesman.

The trial will determine whether the tobacco company is liable in the death of John Galbraith, a Santa Barbara man who who died three years ago at 69 of lung cancer and other ailments.

Reynolds attorney F. John Nyhan said that over the weekend, Janice Luc, the wife of a Santa Barbara attorney, had contacted Reynolds lawyers with information about Mobarak. Nyhan submitted to the court a sworn declaration from Luc stating that Mobarak’s dislike of smoking was “intense” and that she told Luc that cigarette smoking was “ruining her (Luc’s) health.”

Question of Fairness

Nyhan asked that Mubarak be removed because she “substantially misled” the court during jury selection and she withheld information about the smoking dispute at work.

Attorney Paul Monzione, who along with Melvin Belli is representing the smoker’s family, said it was not shown why Mobarak could not be a fair juror. And Mobarak said she was a victim of “office politics.”

Superior Court Judge Bruce Dodd ruled in favor of Reynolds, saying, “it is very clear to me, whether willfully or not, Mrs. Mobarak substantially misled counsel.”