The Court of Appeal holds that it's not a sufficient basis for a new trial, at least given the trial court's evidentiary findings in the present case. You nonetheless gotta admit that it's not a good look when the juror here (1) is listening to a prosecution for sexual assault, (2) hearing the testimony of alleged minor victim, (3) in a matter being prosecuted by the Solano County District Attorney's office, decides, in the middle of that trial (right before jury deliberations), to . . . apply for a job with the Solano County District Attorney's Office. As a victim advocate in criminal cases, no less.
You can see why the defendant is quite a bit upset when he discovers this fact several months after the jury convicts him. Especially since, yeah, the juror got the job. (After convicting him.)
You do have to wonder about at least implied or subconscious bias in such a setting, no? I mean, do you think the District Attorney's Office is really going to be excited about hiring someone who just days prior voted to acquit a defendant in a criminal case that your own office was prosecuting? Especially as a victim advocate, given that she just voted to acquit someone whom your office believed sexually assaulted multiple minors?
And do you think the juror, at some level, at least, isn't going to be cognizant of that fact? That voting to acquit might well not be the best possible move she could make if she wanted to be hired for the job to which she applied literally hours previously?
Interesting stuff.
