Appellant McCowen Brief - Mass Cases

13, 2006, the trial court conferred with the parties in a
closed courtroom, announcing that Falmouth Pcilice had
arrested Kyle Hicks at Huffman's home €or an unrelated
crime. Hicks. an African-American, was the father of
Huffman's child. Tr. 3703.
The trial court questioned the eleven other
deliberating jurors about the weekend's events. Four
admitted seeing the arrest on TV news, then phoning each
other to discuss it, in violation of the trial court's
orders. The court returned all four to deliberations. Tr.
3711-12, 3715. The court then examined Huffman, who said
she did not discus deliberations with fellow jurors or
with Hicks, and that she had been at home when palice
arrived. Tr. 3703. She said she could continue to serve
as an impartial juror and the court accepted that
assertion. Tr, 3740-41. The court watched the tape of her
police interview in which she implied her relationship
with Hicks was strained and that the police were wise to
tape record her statement, an issue in the trial. The
trial court found Euffman had done nothing wrong and
returned her to the panel. No one objected. Tr. 3740-41,
3751.
Later that day, jurors reported a deadlock. Tr.
3755. The Court subsequently sequestered the jury,
allowing them ta make necessary arrangements via
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