Juror’s Remarks Before Sex-Murder Conviction Prompt Mistrial Motion

SANTA ANA — A juror in the case of a 25-year-old Costa Mesa handyman, convicted of raping and murdering a Laguna Hills woman, was ordered by a judge Thursday to appear in court to clear up allegations of possible jury misconduct that could lead to a mistrial.

The jury has recommended that Eric Wayne Bennett be put to death for his crimes but his sentencing has been delayed for several weeks because of a comment the juror allegedly made during deliberations.

Superior Court Judge Kathleen E. O’Leary will question the male juror, whose name has not been made public, during a morning hearing today. The judge will then decide whether to proceed with sentencing Bennett.

“I think this is a significant issue that needs to be laid to rest, then we can move on with the sentencing,” O’Leary said during a hearing on the matter Thursday.

The juror reportedly made comments during deliberations about having spent time in jail after being involved in a bar fight and mentioned how terrible an experience jail was for him. The man did not disclose the episode when filling out a questionnaire during jury selection, according to Deputy Public Defender Leonard Gumlia.

Gumlia has asked O’Leary to declare a mistrial in the case and said the inconsistency could constitute juror misconduct. But since the inconsistency was brought to the judge’s attention last month, neither defense attorneys nor prosecutors have been able to confirm that the man has an arrest record.

O’Leary said Thursday that the key issue is not whether or not the man actually spent time in jail, but the context in which his comments were made and how they might have affected deliberations.

At least two jurors told investigators for the defense about the man’s comments but their sworn statements did not contain enough information to clear up the matter, O’Leary said.

In September, the jury recommended that Bennett be executed for the murder of 50-year-old Marie Evans Powell, who was bludgeoned, raped and robbed. A month earlier, the same jury had convicted Bennett of killing Powell and raping one of his neighbors at knifepoint.

The jury’s verdict included findings that the murder took place during a rape and during a burglary, special circumstances that make Bennett eligible for the death penalty.