2nd Carmona Juror Says She Felt Pressured

A second juror in the case against teenager Arthur Carmona has come forward to publicly question his armed-robbery conviction with allegations that, if true, could constitute juror misconduct and provide grounds for a new trial, his attorneys say.

Sandra Dinardo, 56, an Aliso Viejo homemaker, said Thursday that she is haunted by the thought that she may have sent an innocent young man to prison.

Carmona, 17, convicted in October on a case built solely on eyewitness testimony, has been in Santa Ana City Jail for more than 15 months.

Dinardo said other jurors prodded her to vote guilty when she had reservations about the evidence and that some jurors pressured her outside the jury room. Such out-of-court deliberation or discussion of the case would be forbidden, lawyers say.

Her statements give ammunition to defense attorneys as they prepare to file appeals on behalf of Carmona, whose cause has attracted a growing number of supporters.

A press conference is scheduled today in Santa Ana to announce that a Los Angeles law firm, Sidley and Austin, will represent the Costa Mesa teen at no charge.

Carmona, who had no serious criminal record, was tried as an adult because of the gravity of the crimes. A judge last week denied his attorneys’ motion for a new trial and sentenced the youth to 12 years in prison.

Carmona’s supporters say they are troubled by the nature of the witnesses’ identifications.

Three of them were certain of their identifications only after police placed a hat believed worn by the robber upon Carmona’s head, even though there was no evidence linking the hat to Carmona.

In addition, Carmona’s fingerprints were never found in the getaway truck or on the gun authorities say was used to rob a Costa Mesa Denny’s restaurant and a juice bar in Irvine.

Carmona’s supporters also contend that his court-appointed attorney, Deputy Public Defender Kenneth Reed, did not introduce evidence that might have cleared him.

In recent weeks, a key witness in the case told The Times that investigators improperly influenced her to identify Carmona as the robber--an allegation denied by authorities.

Another juror said he let himself be swayed by what he perceived as pressure from other jurors.

Dinardo echoed some of those sentiments Thursday but went further by alleging jury misconduct.

When the jurors went out to lunch on the second and final day of jury deliberation, “even though we were not supposed to discuss the case, they continued to ram me about why I was wrong,” Dinardo said. “They said the majority rules.”

Carmona’s current attorney, Mark Devore, who filed the failed bid for a new trial, was elated by Dinardo’s claim. He said her statements increase the chance that an appeals court or another judge might order a new trial.

“Every time, from the beginning of the trial until the jury is released, they are admonished [by the trial judge] not to talk about the case at all,” he said. “The majority rule is not what the criminal justice system is about. They just wore her down, causing her to change her vote.”

An official in the Orange County district attorney’s office declined to comment, citing a likely appeal.

“If the matter hasn’t been finally litigated, then we can’t comment on it,” said Chief Assistant Dist. Atty. Devallis Rutledge.

Previously, another juror denied any misconduct. The juror said that she was convinced of Carmona’s guilt and that no juror was pressured to change a vote. She said the case revolved strictly around the witnesses who identified Carmona as the robber and his lack of a strong account of where he was when the crimes occurred.

Yet Devore and others say that eyewitness identifications can be faulty, especially in cross-racial cases, and that Reed, the former defense attorney, failed to investigate and introduce witnesses who could have supported Carmona’s alibi.

Dinardo said she wished she had been more forceful. She said she assumed Carmona would get a new trial once she read in a newspaper account that a juror and a witness had come forward to complain about the verdict.

She decided to call Devore Thursday but learned that there would be no new trial.

“I feel terrible about ruining this young man’s life,” she said. “Because I was not articulate enough to make the other jurors understand my point of view, I feel responsible for the predicament he is in now.”

The case is being closely watched by Latino community leaders, many of whom believe the teenager is innocent. Nadia Davis, an attorney and Santa Ana school board member, said she is hopeful about Carmona’s chances on appeal.

Dinardo’s assertion “adds strength to our argument that Arthur deserves a new trial,” said Davis, adding that the Los Angeles law firm is well-prepared to handle the complex appeals process.

“They have the resources, the manpower,” she said. “We are very happy with these developments.”

Carmona’s mother, Ronnie, said, “I never lost hope. Never, never, never. And I never will. As a mother, I can’t give up.”