From the Register-Citizen in Connecticut, a surprising development in the Steven Hayes trial:
NEW HAVEN -- A juror in the Steven J. Hayes triple homicide trial was dismissed today after being overheard saying to another juror that this is "bullshit," an apparent reference to testimony being presented during testimony in the penalty phase of trial.
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The juror's comment apparently referred to statements by either Hayes' defense attorney or that of forensic psychiatrist Dr. Eric Goldsmith, who was hired by the defense and has given extensive testimony during the penalty phase of the trial.
New Haven Chief Public Defender Thomas Ullmann, Hayes' attorney, made the motion that the juror be dismissed, which [Judge] Blue granted.
The juror was called back into the courtroom, still outside the presence of other jurors, and told by Blue that her comment was "clearly improper."What is improper here? Using profanity? If we dismiss every juror who uses profanity, we are going to need a lot more alternates. Stating disbelief of a witness? That kind of evaluation is exactly what jurors are supposed to do. Skepticism of the mental experts in the penalty phase of capital cases is entirely warranted. Talking during the testimony, rather than waiting for deliberations? Admonishment rather than dismissal would have been appropriate. Sounds to me like the juror was merely expressing a candid evaluation.