JAG
07-23-2003, 06:03 PM
http://www.cnn.com/2003/LAW/07/23/sleepy.juror.ap/index.html
Mistrial declared after two jurors fail to observe evidence
Wednesday, July 23, 2003 Posted: 3:55 PM EDT (1955 GMT)
CINCINNATI, Ohio (AP) -- A sleepy juror and another who averted her eyes from the evidence led a judge to declare a mistrial in the case of a store owner charged with selling a pornographic video.
Shawn Jenkins, owner of Tip Top Magazines, went on trial Monday on obscenity charges. He was arrested after sheriff's officials bought a copy of a videotape for $15 at his Cincinnati store.
Defense attorney Louis Sirkin complained that when the jury watched the 90-minute video on Tuesday, a male juror dozed off and a female juror turned away several times.
The judge declared a mistrial.
Prosecutor Bud Greenberg said he understood why the juror would turn her head: "This video is so disgusting that that is the natural" reaction.
Jenkins could get up to a year in jail if convicted.
Mistrial declared after two jurors fail to observe evidence
Wednesday, July 23, 2003 Posted: 3:55 PM EDT (1955 GMT)
CINCINNATI, Ohio (AP) -- A sleepy juror and another who averted her eyes from the evidence led a judge to declare a mistrial in the case of a store owner charged with selling a pornographic video.
Shawn Jenkins, owner of Tip Top Magazines, went on trial Monday on obscenity charges. He was arrested after sheriff's officials bought a copy of a videotape for $15 at his Cincinnati store.
Defense attorney Louis Sirkin complained that when the jury watched the 90-minute video on Tuesday, a male juror dozed off and a female juror turned away several times.
The judge declared a mistrial.
Prosecutor Bud Greenberg said he understood why the juror would turn her head: "This video is so disgusting that that is the natural" reaction.
Jenkins could get up to a year in jail if convicted.