Appellant McCowen Brief - Mass Cases

the trial judge's reasons fox refusing further inquiry
are immaterial. A hearing was required.
In an appropriate case, after an appropriate
hearing, and on the basis of appropriate findings, a
judge may conclude a juror has a mental. or emotional
aberration, personal to the juror, that rises to the
level of good cause for discharge. Here, no one
suggested Huf fman suffered from emotional Or
psychological illness. Not only were there no findings;
there were no allegations. The trial court simply
bounced a juror thought to be holding up the verdict.
The trial court's reliance on Commonwe,alth v.
Tennison, 440 Mass. 553 (2003), Tr. 3806, was also
misplaced:
In Cornonwealth v. Jackson, 376 Mass. 790, 800 (1978),
this court set forth procedures for courts to' follow
when a claim of extraneaus influence ... is brought to the
attention of a trial judge. The judge should first
determine whether the material . raiaes a serious
question of possible prejudice. If ._ so .__ he ... should
conduct a voir dire examination of the jurors. This
initial voir dire may be conducted collectively, but if,
in €act, a juror indicates exposure to the extraneous
material in question, an individual voir dire is
required to determine the extent of that exposure and
its prejudicial effect.
- Id. at 557-58 citing Commonwealth v. Koumaris, 440 Mass.
405, 412 (2003); CommonweaLth v. Francis, 432 Mass. 353,
369-70 (2000); Jackson, 376 Mass. at 800.
Bere, no removal hearing was held. The day before,
Huffman passed muster and returned to deliberations. But
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