This was the first of two mistrials declared in jury cases within just over a month
In just over a month, Sault Ste. Marie judges have declared mistrials in two jury criminal cases at the local courthouse.
During his preliminary instructions at the beginning of the trial, Varpio told jurors to keep an open mind regarding the evidence and not to draw any conclusions until they had heard all of it. In the absence of the jury, Willson indicated to the court that he would be calling the accused to testify.
"I stated in the jury room that if that happens it is 'pretty damning' and that having to decide someone's life based on only one side of the story is unacceptable."Will be testifying?After receiving the note, Varpio adjourned the matter to the next day to give the lawyers an opportunity to consider their positionsWillson argued the juror had clearly shown prejudgement and had contaminated the jury.
The statement that the accused's potential failure to testify is "pretty damning" may allow for sufficient equivocation that it can to be corrected by a strong instruction to the jury, the judge said.
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