A decision on whether or not to move for a mistrial in the
Robert Orabuena case has been put on hold for additional
investigation.
Defense attorney Arthur Cantu said he wants to be absolutely
sure there is enough evidence of juror misconduct to convince a
judge before he files a motion with the court asking for a
mistrial.
”
It’s extremely premature to make a decision right now,
”
Cantu said.
”
Before we file, we have to be certain that there is sufficient
proof in order to go before a judge.
”
A decision on whether or not to move for a mistrial in the Robert Orabuena case has been put on hold for additional investigation.
Defense attorney Arthur Cantu said he wants to be absolutely sure there is enough evidence of juror misconduct to convince a judge before he files a motion with the court asking for a mistrial.
“It’s extremely premature to make a decision right now,” Cantu said. “Before we file, we have to be certain that there is sufficient proof in order to go before a judge.”
The proof Cantu is looking for is something that would definitively establish if Michael McIntyre acted improperly while he was a juror hearing Orabuena’s misdemeanor vehicular manslaughter trial.
On Nov. 7, Orabuena, 41, of Gilroy was convicted of misdemeanor manslaughter when he was found to be partially at fault for the July 4 accident on Fairview Road that ended with the death of Joseph Judnick, 48, of Salinas.
Under the law, if a defendant is found to be even partially at fault for causing a vehicle accident in which someone dies, he is considered to be guilty of misdemeanor vehicular manslaughter.
Cantu’s concern was caused by McIntyre who was removed from the jury during Orabuena’s manslaughter trial because of his reported ties to the San Benito County District Attorney’s Office and questionable conduct during the two-and-a half-day trial.
“It gave everyone pause as to whether or not this juror was trying to trade a verdict for political favors,” Cantu said. “There was some highly suspicious activity.”
However, McIntyre said nothing happened at Sarsfield’s office and that he was not trading his vote for any favors, political or otherwise.
“I was not going to talk to John about the trial. It didn’t even dawn on me,” McIntyre said. “It’s one of those things that innocent people do without thinking.”
McIntyre said when he got to Sarsfield’s office, a receptionist told Sarsfield that he was there.
“She came back and said that he said he could not talk to me until after the trial,” McIntyre said.
Cantu has obtained a copy of the transcript of the conversation that he and prosecutor Denny Wei had in chambers with McIntyre. He said McIntyre made statements “that have raised a number of questions.”
“I need to go back with my investigator and interview him on his responses,” Cantu said. “Our actions will be based on the responses we get from him and based on the law after we get his responses.”
If a judge declares Orabuena’s conviction on misdemeanor vehicular manslaughter was the result of a mistrial, Orabuena would have to be retried.
Cantu estimates that it will take about a week to review the transcript with a fine-toothed comb and complete questioning McIntyre and possibly other jurors before he reaches a final decision on whether or not to file a motion for mistrial.
Other jurors might need to be interviewed because there is a possibility McIntyre may have talked to other jurors about Orabuena having been tried on a similar charge nearly a decade ago. Orabuena was found not guilty in the earlier case.
“It was a case of a possible runaway jury, and we have to make sure that he was not trying to ‘work’ the jury,” Cantu said. “Everybody knows the high-profile nature of the case and that the district attorney was on the verge of losing this.”
However, Cantu said he is not accusing the district attorney’s office of any wrongdoing or breach of ethics.
“Its just a question. We are not making any allegations,” Cantu said.
