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Not enough jurors results in drug case's mistrial
Case stems from incident in Willcox Magistrate Court parking lot
By MICHAEL SULLIVAN/Wick News Service
What appeared to be a fairly routine criminal case resulted in a mistrial earlier this month in Cochise County Superior Court because not enough jurors showed up.
Attorneys Robert Zohlmann of the county Public Defender's Office and Joel Larson of the Legal Defender's Office filed motions with Division 3 Judge Wallace Hoggatt to obtain information from the Clerk of Superior Court Office on why so few jurors showed up for the Dec. 6 trial of Patricia Barnes and Wesley Bohlender on drug possession and resisting arrest charges.
Although 80 jurors were summoned, only 40 showed up. After the usual disqualifications of some, there weren't enough left for a trial.
Judge Hoggatt listened to the attorneys' motions in court Monday, Dec. 19, before agreeing to order Jury Commissioner Donna Mabee to retain the list of jurors who didn't appear and data sheets related to the case.
Zohlmann began the process when he filed a motion last week for disclosure of the jury selection process. Zohlmann also raised the issue of whether there may be a systematic discrimination against calling Hispanic jurors.
Larson has since joined the motion.
"We're trying to get answers as to what happened," Larson said on Monday.
Deputy County Attorney Gerald Till asked Hoggatt to schedule another trial, but the judge deferred setting a trial date and decided to hear oral arguments at 9 a.m. on Jan. 12.
Hoggatt said he's been in contact with Clerk of Superior Court Denise Lundin regarding the matter and is also interested in discovering what happened.
Lundin told the Sierra Vista Herald/Bisbee Daily Review on Tuesday that getting enough jurors hasn't been a problem in the past.
In this case, 25 potential jurors asked for postponement of their jury duty for various reasons, including five who said they had surgery scheduled. And 15 potential jurors failed to report on Dec. 6.
"It was unusual," Lundin said. "The handling of juries is more of an art than a science."
The jurors who failed to appear have been notified that they are in contempt of court and could be fined, Mabee said. She hadn't heard anything back from them as of Tuesday.
The case stems from an incident on June 27 in the parking area of the Willcox Magistrate Court. Bohlender was at the court on a misdemeanor charge when Willcox Department of Public Safety Officer B.K. Armstrong attempted to arrest him on an outstanding warrant as Bohlender was leaving the court. According to court records, Bohlender refused to stop and kept moving toward a pickup truck in which Barnes was waiting. Armstrong attempted to restrain Bohlender, then Barnes left the truck and grabbed Armstrong's arm as he struggled with Bohlender. Another officer saw the struggle and restrained Barnes. Barnes and Bohlender were then arrested.
During the booking process, a baggie containing 10 grams of methamphetamine was found in Barnes possession.
The defendants are free on bond.
(Editor's Note: Michael Sullivan is a reporter at the Sierra Vista Herald/Bisbee Daily Review.)
By MICHAEL SULLIVAN/Wick News Service
What appeared to be a fairly routine criminal case resulted in a mistrial earlier this month in Cochise County Superior Court because not enough jurors showed up.
Attorneys Robert Zohlmann of the county Public Defender's Office and Joel Larson of the Legal Defender's Office filed motions with Division 3 Judge Wallace Hoggatt to obtain information from the Clerk of Superior Court Office on why so few jurors showed up for the Dec. 6 trial of Patricia Barnes and Wesley Bohlender on drug possession and resisting arrest charges.
Although 80 jurors were summoned, only 40 showed up. After the usual disqualifications of some, there weren't enough left for a trial.
Judge Hoggatt listened to the attorneys' motions in court Monday, Dec. 19, before agreeing to order Jury Commissioner Donna Mabee to retain the list of jurors who didn't appear and data sheets related to the case.
Zohlmann began the process when he filed a motion last week for disclosure of the jury selection process. Zohlmann also raised the issue of whether there may be a systematic discrimination against calling Hispanic jurors.
Larson has since joined the motion.
"We're trying to get answers as to what happened," Larson said on Monday.
Deputy County Attorney Gerald Till asked Hoggatt to schedule another trial, but the judge deferred setting a trial date and decided to hear oral arguments at 9 a.m. on Jan. 12.
Hoggatt said he's been in contact with Clerk of Superior Court Denise Lundin regarding the matter and is also interested in discovering what happened.
Lundin told the Sierra Vista Herald/Bisbee Daily Review on Tuesday that getting enough jurors hasn't been a problem in the past.
In this case, 25 potential jurors asked for postponement of their jury duty for various reasons, including five who said they had surgery scheduled. And 15 potential jurors failed to report on Dec. 6.
"It was unusual," Lundin said. "The handling of juries is more of an art than a science."
The jurors who failed to appear have been notified that they are in contempt of court and could be fined, Mabee said. She hadn't heard anything back from them as of Tuesday.
The case stems from an incident on June 27 in the parking area of the Willcox Magistrate Court. Bohlender was at the court on a misdemeanor charge when Willcox Department of Public Safety Officer B.K. Armstrong attempted to arrest him on an outstanding warrant as Bohlender was leaving the court. According to court records, Bohlender refused to stop and kept moving toward a pickup truck in which Barnes was waiting. Armstrong attempted to restrain Bohlender, then Barnes left the truck and grabbed Armstrong's arm as he struggled with Bohlender. Another officer saw the struggle and restrained Barnes. Barnes and Bohlender were then arrested.
During the booking process, a baggie containing 10 grams of methamphetamine was found in Barnes possession.
The defendants are free on bond.
(Editor's Note: Michael Sullivan is a reporter at the Sierra Vista Herald/Bisbee Daily Review.)
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