4 Jurors in Fleiss Case Granted Limited Immunity

Four jurors in the Heidi Fleiss case were granted limited immunity from any prosecution for misconduct on Monday, enhancing defense efforts to gain a new trial for the convicted Hollywood madam.

Shortly after Fleiss was convicted in December on pandering charges that carry a mandatory prison term, four jurors signed declarations that they had discussed the case outside the court before they reached their verdict and had talked about the possible sentences Fleiss faced.

Some of the jurors said later that in voting for the pandering conviction, they had hoped to spare her from what they mistakenly believed were more severe penalties for the drug-related charges on which they acquitted her.

Saying that the jurors’ out-of-court discussions and talk about penalties constituted jury misconduct, defense attorneys Anthony Brooklier and Donald Marks demanded a new trial, telling reporters Monday that it was the jurors’ improper discussions that led to the “tainted” guilty verdict.

To pursue this argument in court, the defense must get the jurors to tell Superior Court Judge Judith Champagne about their purported violations of the judge’s pretrial instructions.

Jurors Sheila Mitrowski, Henry Lee Gibson, Elaine Estrada and Joseph Lechuga told the judge Monday that they are reluctant to do so unless first granted immunity from prosecution on possible contempt-of-court charges.

After listening to the four, Champagne granted them “use” immunity, which protects them from any prosecution based on, or derived from, their statements in the matter. She explained that she does not have the power to grant blanket immunity from prosecution.

Marks said later that the judge’s decision clears the way for the defense to present what he called “a very compelling case for a new trial.”

Fleiss and her father, pediatrician Paul Fleiss--both of whom appeared in court Monday--face federal charges of money-laundering, bank fraud and conspiracy to hide her income from her prostitution ring.

Both have pleaded not guilty to those charges. The federal trial is expected to start within a few weeks.