In an almost unheard of action for White Pine County, Ely Prison inmate Mike Newcastle is demanding a new trial based on juror misconduct.
In motions filed this week, Newcastle attorneys cite interviews with jurors that if true suggest Newcastle was found guilty of assault with a deadly weapon simply because he was an inmate at ESP and “had to have been there for a reason”.
click links for motions:
Originally charge with attempted murder the White Pine County Jury chose to convict Newcastle on a lessor assault charge two weeks ago. Almost immediately after the trial Newcastle defense team began to interview jurors and according to their motion discovered that at least in the beginning of deliberations the jury was split.
“Juror Josie Jensen (“Ms. Jensen”) told defense council that a couple of jurors voiced a belief that Mr. Newcastle was guilty of attempted murder. In addition, Ms. Jensen indicated that there were jurors who voiced that the evidence was insufficient to show that Mr. Newcastle attempted to murder the victim. Finally, Ms. Jensen indicated that during deliberations at one or two of the jurors voiced doubt about Mr. Newcastle’s guilt and that after deliberations, the jury compromised on a verdict of guilty to the alternate charge.
Juror James Nelson (“Mr. Nelson”) told defense counsel that during deliberations he declared that Mr. Newcastle was in prison for a reason; clearly suggesting that Mr. Newcastle was guilty simply because he was incarcerated.” Reads part of the motion.
In addition to those statements the motion also claims that jurors discussed Ely State Prison and the type of inmates housed there.
According to the motion all of those topics could constitute juror misconduct and force a new trial.
Ely State Prison is the Maximum Security prison for the state of Nevada and houses what are called the worst of the worst of the Nevada prison population. Not only have most of ESP’s inmates committed some of the most violent crimes in society they have also proven intractable inside the prison system.
Nicknamed the ‘graveyard’ conditions in Ely have been likened to psychological torture. Most inmates are kept in a state of permanent lock down for 23 hours a day with their only human contact a cell mate.
Newcastle himself pled guilty to the 2007 first degree murder of his wife, Shelby Hagedorn Joanette. He was given a life sentence with the possibility of parole after 20 years.
His conviction of battery with a deadly weapon would almost certainly take his parole off the table at least for another decade or longer.
In addition to alleging juror misconduct the motion for a new trial also claims that much of the damning testimony against Newcastle was contradictory and changed several times during the trial.
In response to the motion the prosecution that even if the statements made by the jurors actually happened they were not juror misconduct but rather jurors using their life experience to find a just verdict.
As for the conflicting testimony of the correctional officer the prosecution argues that the testimony was presented and heard by the jury and that it along with blood splatter, DNA and other forensic evidence that the jury rightly found implicated Newcastle in the crime he was convicted of.
Seeking anew trial due to jury misconduct is extremely rare especially in White Pine county according to the County clerks office. According to records no similar motion has been filed in over five years.
They would have had to have found Newcastle guilty on his status as a prisoner because had they followed the evidence, it would have led them to a clear ‘not guilty’ verdict. The blood spatter evidence alone cleared Newcastle. I’m appalled that there were jurors that found him guilty of attempted murder, let alone any crime at all! I’m left to wander if this is an IQ thing with these jurors, as the jokes suggest? Or is there truly a prejudicial issues with regards to Mr. Newcastle’s having been convicted on another unrelated matter in the past? Either way, I hope he gets his new trial, with better jurors. Oh, and perhaps some honest ESP employees? Where is the outrage over their lies and misconduct??? How about we just toss the verdict since it was clearly bogus? They’ve already tortured him, let that be his sentence and call it good.
It seems like to me after reading that it is obvious that a couple of jurors were not impartial however had preconcieved notions of guilt. Doesn’t sound fair and certainly grounds for a new trial. Everyone, even people in prison, in this country have a right to a fair trial.
this dirtbag deserved to be tortured. He is the slime of our society and should have been shanked. His past actions – stalking and murdering his wife – show his character. You libtards should be on your knees praying that a man like this hasn’t murdered your sister or mother or cousin.