Juror Says He Read Article About Henley : Courts: Deliberations are halted after a jury member in the Rams player’s drug trial expresses concerns about sentencing.
A judge halted deliberations Friday in the cocaine trafficking trial of Rams cornerback Darryl Henley after a juror expressed concerns that Henley faced a possible life sentence if convicted.
U.S. District Judge Gary L. Taylor questioned the juror after learning that the man had read a San Bernardino Sun article that mentioned the maximum prison term.
“What impact do you feel this has had?” Taylor asked the juror.
“A big impact on me really,” said the juror, who has not been identified. “All the attention that’s being drawn toward it and we have to make this decision. I couldn’t sleep last night. It’s been really bothering me.”
Defense and prosecution attorneys immediately raised questions about the juror’s ability to judge the case fairly, though the juror told Taylor he believed he could be fair.
Attorneys will return to court Tuesday to debate whether the juror should be removed from the case or given further instructions about how he should proceed.
“The continuing tension between obtaining a fair trial and freedom of the press . . . is a particular concern when coverage continues to disrupt a case into which everyone has put so much effort,” Taylor said.
Assistant U.S. Atty. John Rayburn said he is likely to ask that the juror be removed and that one of three alternates take his place. Two jurors have previously been dismissed in the case.
Prosecutors allege that Henley, who lives in Brea, was the financier of a nationwide cocaine trafficking ring during the summer of 1993. They accuse him of using his fame to persuade former Ram cheerleader Tracy Donaho to carry cocaine-filled suitcases across the country. Henley has denied any involvement. Defense attorneys say Henley is being framed by Donaho and others who took advantage of his generosity with his home, phones, and cars to create a drug ring without his knowledge.
Rayburn noted in court that if Henley is convicted he faces a range of possible sentences from ten years to life in prison and that it is very unlikely, given the technicalities of sentencing guidelines, that he will be sentenced to the maximum term.
The prosecutor said he was concerned that the juror had the wrong impression about Henley’s potential punishment.
Taylor ordered the 12-member jury not to read any articles in any newspaper on any topic for the duration of the trial. The jury has been deliberating since late Tuesday.
Early in the trial, a juror was dismissed because of his job demands. A second juror was excused after admitting he read a headline of a newspaper article about Henley being ordered to wear an electronic monitoring device so that authorities can keep track of his whereabouts for the remainder of the trial.