Mistrial in lewd conduct case

SANDPOINT — A mistrial was declared Thursday in the case of an Athol man charged with lewd conduct after jurors were inadvertently exposed to inadmissible — and potentially prejudicial — evidence during their deliberations.

During trial on Wednesday, jurors were shown an excerpt of a digital video recording documenting Bonner County Sheriff’s Det. Phyllis Jay’s interview of the defendant, Curtis Edward Jackson.

But when the jury of seven women and five men viewed the recording on Thursday morning, too much of it was shown and jurors discovered that Jackson had been offered a polygraph examination to back up his assertions that he was innocent of wrongdoing.

The error occurred because the elapsed time on the recording shown in court did not exactly match the elapsed time on the recording jurors viewed, which resulted in it playing longer than was agreed upon by the state and the defense.

Prosecutor Louis Marshall said during trial that his office lacked the software to isolate the excerpted section, which meant that it had to be cued up and stopped at fairly precise moments.

A court bailiff who was in the jury room realized there was a problem during the playback and abruptly stopped the video before jurors learned whether or not Jackson agreed to undergo a polygraph examination.

Outside of the jury’s presence, Marshall suggested that the court could instruct the jury to disregard the polygraph question, while defense counsel Bryan Whitaker moved for a mistrial because of prejudice to his client.

Even though the jury did not hear the answer to the polygraph question, 1st District Judge Steve Verby ruled that jurors could logically conclude that they were hearing the case either because Jackson failed the polygraph or declined to take it — assumptions which could have a prejudicial effect.

Moreover, the jury had already reached unanimous verdicts on the three counts of lewd and lascivious conduct. The verdicts were not disclosed in court and Verby said the sanctity of the jury process prevented him from compelling their disclosure.

Verby granted Whitaker’s motion for a mistrial.

“It is not a decision I take lightly,” Verby told jurors, some of whom appeared displeased by the turn of events.

Verby noted that the Idaho Court of Appeals has held that while some errors at trial are reversible, errors involving prejudice are not.

After the court’s declaration, Marshall said he was disappointed there was mistrial, but acknowledged the importance of a properly conducted trial.

“Evidence concerning polygraphs is not admissible under Idaho law. Therefore, we accept the court’s ruling and will retry the case,” he said.

Whitaker anticipated the Marshall’s intention to retry the matter.

“It’s my expectation that he will,” said Whitaker.

Jackson, 47, is accused of molesting a 9-year-old girl on two unspecified dates in the summer of 2009 and a third time on a specified date that subsequent fall. Jackson took the stand on Wednesday to dispute the allegations and maintain his innocence.

The jury began deliberating on Wednesday afternoon.

Juror Michael Rummerfield said the jury was split when deliberations resumed on Thursday morning. Ultimately, the jury acquitted Jackson of the lewd conduct charges, but found him guilty on two lesser-included offenses of sexual abuse of a minor.

“All of us are disappointed,” Rummerfield said.