The State - News from Feb. 24, 1989

A judge in Oxnard declared a mistrial for a defendant in a drug possession trial when three jurors made an unauthorized visit to the alleged crime scene to see how long it takes a toilet to flush. The jury foreman told Ventura County Superior Court Judge Robert Bradley that the jurors visited an apartment to test the truth of defendant Nelson Cortez’s testimony that he was awakened by the sound of a toilet flushing. Cortez had said he went into the bathroom and was immediately arrested by waiting police after officers found a bag of cocaine in the bowl. Based in part on their investigation, the panel voted to convict Cortez, the foreman said. Bradley declared the mistrial because the apartment visit was “serious misconduct.” Jurors had been told not to visit the crime scene.