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Defense requests mistrial after juror and defendant briefly encountered each other at LaSalle; court pauses to research
Summary
During trial in the 252nd District Court, defense counsel moved for a mistrial after Deputy Milhouse reported that Juror No. 15 (Cooper) rode an elevator at LaSalle with defendant Tracy Marie Samuel. The judge recessed to research the issue; the court later reconvened and proceeded with jury instructions and closing arguments.
A defense attorney raised a mistrial request after the court was informed that Juror No. 15 (identified in court as Cooper) and the defendant, Tracy Marie Samuel, briefly rode the same elevator at the juror’s workplace, LaSalle. Deputy Milhouse reported the encounter to the court, and defense counsel said the appearance of impropriety required a mistrial.
The issue surfaced shortly after opening court that day. Defense counsel (Mister Vasquez) told the judge, “because of the appearance of impropriety, that I have to ask for a mistrial.” The judge said he would go off the record to research the matter and “go on upstairs and ask them.” The court recessed while parties looked for applicable case law and made inquiries.
The judge later brought the proceedings back on the record, read the court’s charge in full to the jury, and proceeded with the case. The transcript does not contain an explicit on-the-record ruling granting a mistrial; instead, after the recess the court reconvened, provided the jury instructions, and continued with closing arguments and later deliberations.
Why it matters: Juror contact with parties or witnesses can raise legal questions about impartiality and the right to a fair trial. The defense’s request prompted a court inquiry and a short recess for research; how the court resolves complaints of juror contact can affect whether a new trial is required.
What was said and who acted: The initial report to the court—that Juror No. 15, Cooper, had been in an elevator with Ms. Samuel while in his work uniform at LaSalle—was conveyed by Deputy Milhouse. Defense counsel moved for a mistrial on the record. The judge paused proceedings to research case law and to ask court staff to make inquiries. After the recess the court read the jury charge and the trial continued.
What the record does and does not show: The transcript records the defense’s motion for a mistrial and the judge’s recess to research the issue. The record does not contain an explicit written or oral denial or grant of the mistrial motion; instead, the court resumed the trial and read the charge to the jury. The article does not infer or assert an explicit denial beyond what the transcript records.
Next steps reflected in the record: The case resumed with the court reading the jury charge and proceeding to closing arguments and later jury deliberations.
