THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Tuesday, July 18, 1995 TAG: 9507180272
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JOE JACKSON, STAFF WRITER
DATELINE: NORFOLK LENGTH: Medium: 78 lines
On Thursday, a jury found Bryce Evans guilty of a 1993 drive-by murder and was preparing to impose a sentence of up to life in prison.
But a circuit judge tossed out that verdict and declared a mistrial Monday after learning that a juror failed to reveal under oath that her husband had been a crime victim: He was blinded when he was shot in the head last year.
``The jury is tainted,'' Judge Luther Edmonds said moments before declaring the mistrial, thus ending a weeklong trial that resulted in Evans' conviction for first-degree murder, conspiracy and use of a firearm.
That conviction was thrown out with Edmonds' ruling. The state must argue Evans' guilt before a new jury in another trial, scheduled for early October. The mistrial cost the state at least $6,000, a figure based on the costs of jury trials compiled by The Virginian-Pilot last year.
The problem occurred during jury selection, which was held on July 10, the first day of trial. According to another juror, who asked Monday not to be identified, the jury panel was asked as a group whether they had any friends or relatives who were the victims of violent crime. All the potential jurors were under oath to answer the questions truthfully, court officials said.
``We weren't asked individually,'' the other juror said. ``They asked the question, then we raised our hands.''
It was during this process that the woman failed to reveal the attack on her husband. When confronted in the judge's chambers on Friday, however, she admitted that her husband had been shot in the head in early 1994 and had been blinded because of the attack. She said she didn't reveal it earlier because it was a painful experience for her, court officials said.
Judge Edmonds could have charged the woman with contempt of court for failing to reveal her husband's injury, but he chose not to. Neither the prosecutor, Norman Thomas, nor Evans' attorney, Charles Sizemore, asked the judge to charge her.
Evans and a co-defendant, Jonathon J. Johnson, were charged with the July 30, 1993, slaying of Timothy Robinson in the 400 block of S. Main St. in the Berkley neighborhood. Robinson, 29, was shot seven times with two semiautomatic weapons and died almost immediately, court records show.
After a three-day trial on April 7, 1994, a jury found Johnson, now 24, guilty of murder and use of a firearm, and recommended 23 years in prison. A witness in that trial told police that he watched Johnson and Evans drive up in a white Thunderbird, shoot the victim repeatedly, then speed away, records show.
Evans, now 28, pleaded not guilty during his trial. He said he was with his girlfriend from 11 a.m. on July 30 to 10 a.m. on July 31 - and the victim was killed the night of July 30. Evans said that on July 31, he drove to New York.
The jury didn't believe him. On Thursday, jurors decided that Evans was guilty. They were told to come back on Friday to decide Evans' sentence. State law divides conviction and sentencing into two parts, held back-to-back.
Friday began problematically. A juror was rushed to the hospital after collapsing in the parking lot on her way to the courthouse. That caused the sentencing hearing to be delayed until Monday.
Also on Friday, the judge learned of the juror whose husband had been shot. Gloria Mellanson, another juror, approached a deputy and said the woman had told her during deliberations about failing to tell the court about her husband, testimony revealed. The woman also told Mellanson she did not think the attack affected her ability to act fairly during deliberations. Prospective jurors in trials of violent crimes often are excluded if they or family members have been victims of violence.
On Friday, Edmonds interviewed the woman in his chambers. Sizemore made a motion for a mistrial, but Edmonds denied the motion, saying he believed the woman's ability to act fairly had not been compromised, court officials said.
Then, on Monday morning, Sizemore again made his motion for a mistrial. Edmonds had had a change of heart and granted the mistrial. Edmonds offered no explanations in court and could not be reached after the trial.
However, other court officials said on Monday that the woman's failure to reveal the truth would be a strong basis for appeal.
KEYWORDS: MISTRIAL MURDER DRIVE-BY-SHOOTING CONVICTION by CNB