Cell Phones Internet Access Resulting in Mistrials

By Dave Jordan, NEWS 9

OKALHOMA CITY -- Real time updates received from online social networking sites are becoming a problem in the courtroom.

Across the country, several cases are under review after jurors posted messages on Twitter.com or researched the case online.

One case in Oklahoma County had to be thrown out after a juror's husband sent her information he uncovered online, and a mistrial may be declared in an Arkansas case after a juror posted updates on Twitter.com via his cell phone.

Jonathan Powell is the juror who sent the message, known as a tweet.

"We were all allowed to keep our phones and call and whatever we wanted during our break, so I just posted to Twitter," Powell said.

The case is now in question and may have to be re-tried because of his message posted via a cell phone.

Judge Tammy Bass-LeSure has made her position on that technology abundantly clear.

"I do not allow cell phones in my courtroom," Judge Bass-LeSure said. "If you come into my courtroom with a cell phone, if it rings, vibrates or I catch you texting, it becomes the property of the court. You will not get your phone back."

Judges always caution jurors about accessing any information about the trial they're reviewing. The instructions now include online access.

"The jury is there to decided the case at hand and they can't have any outside influence," Judge Bass-LeSure said. "Everything they use to base their verdict on is going to be heard inside the courtroom."

NEWS 9 Legal expert Irven Box said Powell's actions, while objectionable, are nothing new. In years past, jurors have visited crime scenes at night or conducted unscientific experiments based on testimony they heard.

"As our ever expanding use of facilities and computers, this is just another step that jurors are now taking in regards to this," Box said.

Judge LeSure predicts this could lead to a courthouse crackdown.

"I really think in the nearest future, we are going to ban cell phones, in the courthouses," Judge Bass-LeSure said.

Federal courthouses in Oklahoma City have already banned cell phones, although lawyers are exempt from that policy.

Judge LeSure said it's not just a jury issue; it's a safety issue. A defendant once took a picture of her on his cell phone, and in a separate case a gang member once took a picture of someone testifying on the stand.

A juror serving on a federal case in Pennsylvania posted updates on the trial on two social networking sites.

The defendant was found guilty and his attorneys are now working on an appeal.