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Court Says Juror's Discussion With Pastor On Capital Punishment Was Harmless Error

By Howard M. Friedman

In Centennial, Colorado, a trial judge has ruled that a juror's discussions of the death penalty with his pastor during a recess in jury deliberations in a murder trial amounted to harmless error. Yesterday's Aurora (CO) Sentinel reports that, in violation of the judge's instructions, a juror in the trial of Robert Ray sought the advice of his pastor on his church's views on capital punishment. The pastor told him the church was opposed to it, but that he was free to make his own decision on the matter. One of Ray's lawyers argued that this "green-lighted" the juror's vote in favor of imposing the death penalty on Ray. The court, however, concluded that it had not been shown that the conversation affected the decision of the juror in question or his fellow jurors. Defendant Ray is already serving a 108-year sentence for his part in another murder.

Full post as published by Religion Clause on April 29, 2010 (boomark / email).