Runaway Juror?

Mom: That sounds like something from a John Grisham book!
Me:    Yeah, except in a John Grisham book it would actually be true.

It is day three of what will be a 4-5 day trial.  The first day we selected and empaneled a jury; the second day was full of witnesses and exhibits.  The third day promises to be more of the same. 

I am anxiously awaiting the arrival of the medical examiner.  We've agreed that I will cross-examine her about the autopsy, and I want to speak with her prior to her taking the witness stand.  It's nearing 9:30AM and she's still not there.

Co-counsel is on edge, which is completely uncharacteristic of him.  He is convinced something is "going on" with the jury as he has overheard the bailiff say something suspicious to the judge.  The bailiff disappears into chambers, and we speculate that the victim's family may have been speaking to some jurors.

A couple of minutes later, the judge calls us and the prosecutor into chambers.  The bailiff reveals that one of the jurors has come forth with some information that he needed to get off his chest.  Apparently Juror had seen the DA and one of his assistants following him around various stores in a town 30 miles away a few weeks ago. Additionally, he had seen our client at the laundry mat last week.

In addition to the obvious absurdity of these allegations, we know he is insane because our client has been incarcerated for the last two years.  Yeah.

We decide that Juror needs to put all this information on the record in open court, and then he will be excused and replaced with the alternate.  Out we trot to our respective tables, and Juror parades in.

The judge addresses Juror and paraphrases what the bailiff told us.  Juror interrupts the judge and says, "No, no! It wasn't them (pointing at the DA) it was those two over there (pointing at co-counsel and me)!  Mainly it was her (pointing at me).  I just realized it; it sort of jumped out at me when I seen her.  I wouldn't forget her face, you know, 'cause she is such a pretty young lady. It was her and a guy that looked just like him.  They were ducking me in PetSmart, and I thought it was really weird.  I would go down one aisle and they would just sort of crouch down so I wouldn't see them."

The judge thanks him for his disclosure and asks him to step outside.  On the record, the judge says he is concerned about his ability to follow instructions in light of his changing story and the fact that he's seeing people that are not there.  Juror is excused and drug-dealer the alternate juror takes his place.  Medical examiner arrives, and we continue on as if nothing has happened.

I love my job.