P. v. Head
In this case Kerry Lee Head was convicted of raping his former wife. At his trial the prosecution called his best friend as a hostile witness because she had told investigators Head had admitted forcing his former wife to have sex with him. On appeal Head argues out-of-court statements made by his best friend to jurors during a break in the trial constituted prejudicial misconduct and require reversal of his conviction.Court affirm.
Although such contact between a witness and jurors is improper, here the record fully supports the trial court's determination Head was not prejudiced by the witness's out-of-court statements. First, the statements the witness made, to the effect she did not believe jurors were allowed to stand in the hall during breaks and a "woman judge" was "all I need," did not in any fashion reach the merits of the case against Head or materially impact the witness's own credibility. Second, the trial court instructed the jury to disregard the witness's out-of-court statements. Because the witness's statements were relatively benign, we have no difficulty concluding the jury followed the trial court's instructions to disregard them. Thus the record rebuts any presumption of prejudice and court therefore affirm the judgment of conviction.
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