Mistrial Declared Following Juror Misconduct in Drug Case

By Brian Cole

Published on September 20, 2006

The court ruled that the mention of Melissa DeBruin’s prior convictions by a juror during deliberations denied DeBruin a fair trial. The prior convictions were not allowed as evidence during trial.

DeBruin, 36, was found guilty of three counts of delivering marijuana. She was also convicted of one count of failing to affix a drug tax stamp, a form of drug sale taxation.

Jurors deliberated for more than nine hours before they notified District Judge James D. Scott that all but one juror agreed that DeBruin was guilty. Three minutes later the jury submitted a note that said it would have a verdict in five minutes. Seven minutes later a verdict of guilty was presented by the jury.

DeBruin asked for a new trial following the submission of a juror affidavit saying her prior convictions were mentioned in the deliberations. Four jurors testified to this and the appeals court ruled that the timing of the comments was meant to influence the jury member who still had questions about DeBruin’s guilt.

A new trial will take place in Sioux County District Court.

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