Defense attorney Arthur Cantu said he believes there is enough
evidence of juror misconduct to move for a mistrial in the Robert
Orabuena case.
Although he is waiting for a copy of the transcribed
conversation he and Deputy District Attorney Denny Wei had in a
judge’s chambers with the excused juror Michael McIntyre, Cantu
said he has enough to call for a mistrial.
Defense attorney Arthur Cantu said he believes there is enough evidence of juror misconduct to move for a mistrial in the Robert Orabuena case.
Although he is waiting for a copy of the transcribed conversation he and Deputy District Attorney Denny Wei had in a judge’s chambers with the excused juror Michael McIntyre, Cantu said he has enough to call for a mistrial.
“In chambers, juror No. 12 said he met with John Sarsfield at his office and Sarsfield said wait until after the trial to talk to him,” Cantu said.
McIntyre, who is considering running for the District 2 seat on the Board of Supervisors, was removed from the jury because court officials believe he may have been talking to other members of the jury about Orabuena, 41, of Gilroy being charged in a previous vehicular manslaughter case in Santa Clara County. Orabuena was found not guilty in that case.
“If he discussed the case with the other jurors, then that is definite grounds for a mistrial,” Cantu said.
Jurors are ordered by the judge presiding over a trial not to discuss other cases or charges against a defendant that were not discussed during testimony. A jury’s deliberations has to focus solely on the facts and testimony presented during trial.
If a judge declares Orabuena’s misdemeanor vehicular manslaughter conviction was the result of a mistrial, Orabuena would have to be retried.
Cantu said he is not accusing Sarsfield of acting improperly or bowing to McIntyre’s alleged request for political favors.
McIntyre donated a total of $149 to Sarsfield’s campaign for district attorney and his wife Linda donated $150, according to documents filed with the County Elections Office on Sept. 30, 2002.
McIntyre said Cantu is misrepresenting what happened and that he never asked or intended to ask Sarsfield for political favors or about the trial.
“In fact, John and I had no contact at all,” McIntyre said. “I didn’t even get to see him.”
McIntyre said on Nov. 6 he pulled in-lieu of papers for the March 2, 2004 primary. In his excitement, he went to ask Sarsfield, a friend he knew before moving to San Juan Bautista, about several of the candidates he would be facing in the election.
“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 he was there.
“She came back and said that he said he could not talk to me until after the trial,” McIntyre said.
Cantu said McIntyre’s actions are just the latest difficulty in this case that was caused by a shoddy investigative work by the California Highway Patrol.
“If anyone is to blame for this whole fiasco, it belongs right on the desk of CHP Captain Bob Davies,” Cantu said. “Had he done this investigation in the right way, it would have saved everyone a lot of time and grief.”
Davies said his answer to Cantu’s assertions is simple: “The jury made the final call – period.”
