Criminal Procedure — juror coercion

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — juror coercion

Richard Phernetton appeals a judgment of conviction for repeated sexual assault of a child. On the third day of trial, after hearing six hours of evidence and deliberating for nine hours, the jury returned a guilty verdict at 12:03 a.m. During deliberations, the trial court twice inquired about the jury’s “numerical breakdown,” stated the jurors were making “progress” after some minority jurors apparently joined the majority, and, upon being asked by the jury whether it could “go home, sleep on it and come back with clearer heads,” erroneously advised the jurors they could not be separated after deliberations had begun, until a verdict had been reached. We conclude that under the totality of the circumstances, there was an impermissible risk that the jury’s verdict was coerced. Accordingly, we reverse and remand for a new trial. This opinion will not be published.

2013AP1790-CR State v. Phernetton

Dist III, Washburn County, Kutz, J., Per Curiam

Attorneys: For Appellant: York, Katie R., Madison; For Respondent: Frost, Thomas H., Shell Lake; Johnson-Karp, Gabe, Madison