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Henley Petitions for New Trial, Alleges Juror Misconduct : Courts: Former Ram cornerback, convicted of cocaine trafficking, joins a co-defendant in the action. The two say one of the panelists expressed racial prejudice.

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TIMES STAFF WRITER

Former Ram cornerback Darryl Henley, convicted of cocaine trafficking along with four others in March, is asking for a new trial, alleging juror misconduct.

On Wednesday, Henley joined his uncle Rex Henley, who was convicted with him, in a petition for a new trial in U.S. District Court.

A third co-defendant, Willie McGowan, will also join in the petition, his attorney said. The other co-defendants, Rafael Bustamante and Garey West, are expected to follow suit shortly.

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The petition alleges that one of the jurors who voted to convict the five expressed racial prejudice, decided “that the defendants were guilty early in the case” and discussed the case frequently while car-pooling to court. The petition also claims that a second juror discussed the possibility of taking a $50,000 bribe to change his vote.

Both jurors have denied the allegations.

Four of the five men convicted in the case, including Darryl and Rex Henley, are black.

‘We feel there was extreme jury misconduct in this trial that requires a new trial,” said Darryl Henley’s attorney Juliette Robinson-Slaton. “Jurors aren’t supposed to talk about the case or form opinions ahead of time, and that’s what they did. And there were a lot of racial issues that need to be addressed.”

Robinson-Slaton said Henley, who is being held at the Metropolitan Detention Center in Los Angeles, is confident that a new trial will be granted.

“He’s read the jurors’ statements and he is saddened by them and by the fact that he could not get a fair trial because of something he has no control of: the color of his skin.”

Prosecutors in the case could not be reached for comment.

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