Latest News 2014 April Man Found Guilty of DUI Though Juror Misconduct Alleged

Man Found Guilty of DUI Though Juror Misconduct Alleged

The lawyer for a man found guilty of DUI may appeal the verdict as it was rumored that "disparaging remarks" were made by a member of the jury about the accused regarding his "lifestyle" and his domestic partner, as reported by CBS Miami.

M.C. was found guilty by a Broward County jury of two counts of DUI manslaughter in regards to a 2010 crash that claimed the life of Miami Heat dancer N.L.R. However, after the verdict was announced Judge Ilona Holmes failed to formally accept it – because allegations had arisen of possible juror misconduct.

The attorneys and the judge then questioned each juror, one at a time for over an hour, to determine if any had made or heard any derogative commentary about the lifestyle between M.C. and his domestic partner.

One question put to a juror by defense attorney David Bogenschutz was, "Do you remember the jurors talking about the sexual orientation of Mr. (M.C.) and (his domestic partner)?" The particular juror being questioned answered no, and as each was questioned, they in turn answered no. In fact all of the jurors had to answer with assurance that M.C.'s lifestyle had no bearing on their verdict. The judge and attorneys seemed satisfied, however, the judge opted to wait one more day before accepting the verdict.

There is some speculation that M.C.'s attorney will ask for an immediate mistrial.

One juror commented, "It was a very hard case. I'm sorry that we had to come to the that decision but it is what it is."

N.L.R.'s mother A.L.R., who was holding onto an angel that her daughter had made for her, said, "This is not going to bring (N.L.R.) back to us but this is going to us some kind of peace…we expect to see that he's going to face time in jail for what he did — kill our daughter."

Prosecutor Kristen McKenzie had shown a video to the jurors of M.C. at a bar drinking during her closing arguments. While explaining the laws governing DUI manslaughter charges, McKenzie said, "Mr. (M.C.) must have 13 or 14 drinks. That sounds like a lot — a couple of ounces at least in each of those drinks."

The prosecution also stated that M.C. had a blood alcohol level above the legal limit to drive – three times as much. A police affidavit shows that the actual measurement was 0.24 in one sample and .23 in a separate sample.

Bogenschutz had argued that the allegations made by the prosecution were incorrect as his client had "No bloodshot eyes, no slurred speech, no smell of alcohol. Nothing that makes me think he's intoxicated."

According to M.C. he was trying to avoid a hazardous driver that was coming up behind his car, and his actions caused him to swerve towards N.L.R. and drive into her while she was parked and sitting on her motorcycle.

The prosecution contended that there was never a dangerous driver behind M.C.

The force of the impact caused N.L.R. to be flung over 130 feet up into the air before crashing back down.

Whatever charges you face that are related to DUI, DWI, OUI or OWI, contact a DUI attorney for help right away! The best defense you can get is from a DUI attorney in these types of cases.

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