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Wednesday, February 20, 2002

No-show jurors put off trial




By Terry Flynn
The Cincinnati Enquirer

        NEWPORT — Fourteen potential jurors are in for a scolding — or worse — Friday after they failed to call in or show up for a felony trial Tuesday in Judge Leonard Kopowski's Campbell Circuit Court, causing a mistrial.

        Campbell County Sheriff's Department deputies were traveling throughout the county Tuesday evening serving orders for the truant jurors to appear at a show cause hearing Friday in Judge Kopowski's court, where they could face contempt citations.

        “I've never seen Judge Kopowski more angry than he was Tuesday when he learned that he didn't have enough jurors to conduct the trial and that none of the absent jurors had bothered to call,” said veteran criminal defense attorney Tom Beiting, who was in the courtroom on another matter.

        Defense attorney Mott Plummer and prosecutor Sheryl Heeter, as well as a number of witnesses, were on hand and ready to start the trial.

        The defendant is charged with first-degree sodomy.

        “In 30 years as a defense attorney, I can't remember anything like this ever happening,” Mr. Plummer said. “My client has to sit in jail for almost two more months before he can come to trial. This also creates problems for the court and for the attorneys. There are a lot of jury trials in Campbell County, and the judge's calendar is full.”

        Campbell County Sheriff John Dunn said he was “amazed to hear that jurors wouldn't show up or call to explain why they weren't there.”

        “In my years of law enforcement I've never heard of this happening before.”

        The sheriff said two of his deputies were going to the homes of the absent jurors to issue notices to appear for the Friday hearing, “and I wouldn't want to be one of the jurors. The judge is very angry and I don't blame him. I can't imagine someone not taking jury duty seriously.”

        Names of the people who did not report for jury duty were not available Tuesday. Attempts to reach Judge Kopowski for comment Tuesday were unsuccessful.

        Mr. Beiting said the court, by law, needs a pool of 53 people to select and empanel a 12-member jury. Because there was an insufficient number of potential jurors on hand, the judge had to declare a mistrial and reschedule the trialfor mid-April, the next available court date.

        In Kentucky, people eligible for jury duty are selected from the state's driver's license registration.

        Any member of the jury pool who is ill or otherwise unable to attend must notify the court by phone.

       



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