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Judge Ousts Juror in Case of 4 Road Deaths

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<i> Times Staff Writer</i>

A Van Nuys Superior Court judge Wednesday dismissed a juror from the trial of a drunk driver charged with killing four people, saying the juror had disobeyed a court ban against discussing the case outside the courtroom.

Judge Kathryne Ann Stoltz took the unusual step of dismissing juror Carolyn Larsen from the jury in the case of Daniel E. Murray after receiving allegations of jury misconduct.

“The court has received information that one or more of the jurors may have talked about the case or tried to talk about the case,” Stoltz said in court before dismissing the juror.

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1986 Accident

Murray, 27, of Lancaster is being tried in Stoltz’s courtroom on charges of second-degree murder, vehicular manslaughter and felony drunk driving in the Dec. 11, 1986, Agoura Hills accident that killed four people.

Larsen was not present in court and could not be reached for comment.

A source close to the case said the juror was overheard talking about the case outside the courtroom, a breach of court order. The conversation was reported to the Los Angeles County District Attorney’s Office and relayed to Stoltz, the source said.

Prohibitions against discussing cases outside of court are standard in criminal trials. The California Penal Code requires judges to admonish juries not to carry on such discussions.

Citation Possible

Disobeying the prohibition can--but rarely does--result in a contempt citation. Stoltz simply designated one of four alternate jurors who have been attending court daily to replace Larsen.

Before dismissing Larsen, Stoltz conducted individual interviews with jurors to determine details of the incident.

Deputy Dist. Atty. Phillip H. Rabichow, the prosecutor on the case, and Murray’s attorney, Charles R. English, said they were instructed by the judge not to discuss the incident.

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But the lawyers said the juror’s action should not affect the outcome of the trial, other than delaying it slightly. Both sides are scheduled to give closing arguments in the case this afternoon.

Murray was driving the wrong way on the Ventura Freeway when his truck struck and killed Suzanne Brown, 37; her son, Jonah, 7; her father, Jack Rawls, 69; and Dia Rae Rounds, 16, all of Ventura.

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