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Retrial Requested for Man Convicted With Henley : Courts: Attorney for uncle of former Rams cornerback alleges improprieties among jurors in drug case.

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TIMES STAFF WRITER

A lawyer for one of the four men convicted of cocaine trafficking with former Rams cornerback Darryl Henley has requested a new trial, alleging one juror expressed racial prejudice and another discussed taking a bribe to change his vote.

“I think, based on these facts, the court will be required to grant a new trial,” said James Riddett, representing Rex Henley, Darryl’s uncle and one of his co-defendants.

Riddett said he expected Darryl Henley to join the request for a new trial, although Henley’s attorney could not be reached late Monday for confirmation.

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A hearing on the matter has been set for June 12 before U.S. District Judge Gary L. Taylor, Riddett said.

The petition filed Monday in the U.S. District Court’s central district claimed juror Bryan Quihuis and Michael Malachowski--who was a juror for three weeks before being dismissed from the case--will testify that, contrary to the judge’s instructions, a third juror discussed the case frequently while car-pooling with them to court.

The juror decided “that the defendants were guilty early in the case,” and repeatedly referred to the defendants using a racial slur for African Americans, the petition said.

Both Darryl and Rex Henley are black, as are all but one of the other defendants.

The juror in question has denied improperly discussing the case or making racial comments.

The petition also alleges that Quihuis discussed the case while still sitting as a juror in the matter.

In addition, the petition said, Quihuis told Malachowski that he would be willing to vote for the defendants’ acquittal in exchange for a $50,000 bribe.

Quihuis has denied soliciting a bribe, according to the petition.

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