http://www.chicagotribune.com/news/...1,7767677.story?coll=chi-newslocalchicago-hed
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Legal experts said it is the first time they can remember text messaging or any other high-tech communication between jurors being brought up as an issue in a trial.
The boy's lawyers objected to removing the jurors because it would change the racial makeup of the jury. Both of the jurors involved are minorities. The boy, who is now 15, is African-American. When jury selection began on Aug. 1, jurors were told that the trial would take about three weeks, but that estimate quickly evaporated as lawyers for both sides squabbled and called for sidebar conferences to object to witness testimony.
The boy's lawyers have said that police rushed to charge the children because they were African-American. Lawyers for the city contend that race played no factor and that police had probable cause to charge the boys with the murder.
There are currently four African-Americans, four Hispanics and four whites sitting on the jury. Two whites and an African-American are alternate jurors.
The judge erred by having the phone records scanned, said Grant. During sidebars, jurors routinely use their cell phones to send and receive text messages. All have denied discussing the case.
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Messaging or talking to each other about a case is jury misconduct, but not a punishable crime, said Cavise, who has been in the legal field for 34 years. The jurors could, however, face perjury charges if the phone review shows they have discussed the case and lied to the judge while under oath, he said.
While no one has asked for a mistrial, the judge could rule that, at which point the trial would have to start over, said Cavise. Even if the review finds no evidence of wrongdoing, the issue could be brought up on appeal, he said.