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Edition: U.S. Article Comments (1) Email Print Reprints Technology Dissent in the age of Twitter From keeping the WikiLeaks site alive to helping British anti-austerity protesters outmaneuver riot police, Twitter is entering the Western political mainstream as a powerful tool for protests. Full Article As jurors go online, trials go off track WikiLeaks' Assange: highly skilled, deeply divisive More technology news Read Attack on MasterCard site a grass-roots effort | 3:51pm EST U.S. fiscal health worse than Europe's: China adviser 3:35pm EST Testy Obama fires back at Democrats over tax deal | 07 Dec 2010 Special Report: STD fears sparked case against WikiLeaks boss 07 Dec 2010 WEALTH MANAGER-Obama tax plan causes headache for advisers 1:03pm EST Discussed 139 Obama unveils tax deal with Republicans 74 WikiLeaks founder Assange arrested in Britain 63 Senate bid to renew ”middle-class” tax cuts fails Watched Bejeweled bra exposed in NY Thu, Oct 21 2010 Row over vote orgasm video Fri, Nov 19 2010 Playboy opens Mexican casino Sun, Dec 5 2010 U.N. Climate Change Conference Ban urges climate deal, short of perfect Saying the health of the planet is at stake, U.N. Secretary-General Ban Ki-moon urged nations meeting in Mexico to agree to steps to fight climate change that fall short of a perfect deal. Full Article World Bank chief to launch carbon market fund Analysis: Mexico hailed, others blamed if talks fail? Melting glaciers threaten floods in Himalayas, Andes A comparison of Cancun, Copenhagen meetings More Green Business news As jurors go online, U.S. trials go off track Tweet This Share on LinkedIn Share on Facebook By Brian Grow ATLANTA, December 8 (Reuters Legal) - The explosion of blogging, tweeting and other online diversions has reached into U.S. jury boxes, raising serious questions about juror impartiality and the ability of judges to control... Related News FBI raids three hedge funds in insider trading case Tue, Nov 23 2010 UPDATE 5-FBI raids 3 hedge funds in insider trading case Mon, Nov 22 2010 PRESS DIGEST-Australian General News - Nov 12 Thu, Nov 11 2010 Related Topics Technology » U.S. » Media » A Twitter page is displayed on an Apple iPhone in Los Angeles in this October 13, 2009 file photo. Credit: Reuters/Mario Anzuoni By Brian Grow ATLANTA, December 8 | Wed Dec 8, 2010 3:23pm EST ATLANTA, December 8 (Reuters Legal) - The explosion of blogging, tweeting and other online diversions has reached into U.S. jury boxes, raising serious questions about juror impartiality and the ability of judges to control courtrooms. A Reuters Legal analysis found that jurors' forays on the Internet have resulted in dozens of mistrials, appeals and overturned verdicts in the last two years. For decades, courts have instructed jurors not to seek information about cases outside of evidence introduced at trial, and jurors are routinely warned not to communicate about a case with anyone before a verdict is reached. But jurors these days can, with a few clicks, look up definitions of legal terms on Wikipedia, view crime scenes via Google Earth, or update their blogs and Facebook pages with snide remarks about the proceedings. The consequences can be significant. A Florida appellate court in September overturned the manslaughter conviction of a man charged with killing his neighbor, citing the jury foreman's use of an iPhone to look up the definition of "prudent" in an online dictionary. In June, the West Virginia Supreme Court of Appeals granted a new trial to a sheriff's deputy convicted of corruption, after finding that a juror had contacted the defendant through MySpace. Also in September, the Nevada Supreme Court granted a new trial to a defendant convicted of sexually assaulting a minor, because the jury foreman had searched online for information about the types of physical injuries suffered by young sexual assault victims. Reuters Legal, using data from the Westlaw online research service, a Thomson Reuters business, compiled a tally of reported decisions in which judges granted a new trial, denied a request for a new trial, or overturned a verdict, in whole or in part, because of juror actions related to the Internet. The data show that since 1999, at least 90 verdicts have been the subject of challenges because of alleged Internet-related juror misconduct. More than half of the cases occurred in the last two years. Judges granted new trials or overturned verdicts in 28 criminal and civil cases -- 21 since January 2009. In three-quarters of the cases in which judges declined to declare mistrials, they nevertheless found Internet-related misconduct on the part of jurors. These figures do not include the many incidents that escape judicial notice. 'GUILTY! HE'S GUILTY!' Over a three-week period in November and December, Reuters Legal monitored Twitter, reading tweets that were returned when "jury duty" was typed into the site's search engine. Tweets from people describing themselves as prospective or sitting jurors popped up at the astounding rate of one nearly every three minutes. Many appeared to be simple complaints about being called for jury duty in the first place, or about the boredom of sitting through a trial. But a significant number included blunt statements about defendants' guilt or innocence. "Looking forward to a not guilty verdict regardless of evidence," one recent message stated. Read another: "Jury duty is a blow. I've already made up my mind. He's guilty. LOL." Last month, a person using the Twitter name @JohnnyCho wrote that he was in a pool of potential jurors in Los Angeles Superior Court, and tweeted, "Guilty! He's guilty! I can tell!" In later tweets, @JohnnyCho said he was picked for the jury and that the defendant was convicted. Traced through his Twitter profile, Johnny Cho, director of communications at a Los Angeles entertainment lighting company, acknowledged he was the author of the tweets but declined to discuss the case. Reuters Legal forwarded the series of tweets to Superior Court spokeswoman Patricia Kelly for comment. She called the tweets "definitely a problem," and said the court would look into the matter. Ten days later, the court's acting public information director, Mary Hearn, said the court had concluded that because Cho sent his "Guilty!" tweet before he was chosen for the jury -- and did so from the jury assembly room, not from inside the courtroom -- it was acceptable. She declined to identify the case. 1 2 Next Technology U.S. Media We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language, all capital letters or appear to be spam, and we review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. Comments (1) Stupidscript wrote: It’s simple: Just as with any other situation, when a juror disobeys a direct order from the Judge, hold them in contempt. Throw them in jail and publicize it. Levy a big fine (i.e. $5,000 per post) to let them know you’re serious. Make a big stink to let other jurors know that there is no personal freedom in a court of law, and that the directions of the Judge *must* be obeyed, regardless of what the juror thinks. If everyone were allowed to determine for themselves what constitutes improper juror behavior, the system completely breaks down. Order *must* be maintained, even if it inconveniences stupid jurors who can’t restrain their “impulse” to vomit onto their Facebook pages. Declaring a mistrial or revisiting a verdict means nothing to a juror who just finished their service. Without some direct personal consequence for the juror, there is no reason for them to believe they owe anything to the justice system, and they will continue to hold the court in contempt. Zero tolerance. Period. Dec 08, 2010 3:28pm EST -- Report as abuse See All Comments » Add Your Comment Social Stream (What's this?) © Copyright 2010 Thomson Reuters Editorial Editions: Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom United States Reuters Contact Us Advertise With Us Help Journalism Handbook Archive Site Index Video Index Reader Feedback Mobile Newsletters RSS Podcasts Widgets Your View Analyst Research Thomson Reuters Copyright Disclaimer Privacy Professional Products Professional Products Support Financial Products About Thomson Reuters Careers Online Products Acquisitions Monthly Buyouts Venture Capital Journal International Financing Review Project Finance International PEhub.com PE Week FindLaw Reuters on Facebook Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests. NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.

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