Marmolejo Trial: A look at the jury notes

On Sunday, Judge Gonzalo Garcia declared a mistrial in the case against David Marmolejo, when the group of 12 just couldn’t come up with a unanimous decision. But if the jury’s notes are any indication, the mistrial may have come down to just one juror. The jury handed over 17 notes during their two and a half days of deliberations, but perhaps none were as telling as the one that came on the final day of deliberations. The jury’s foreperson wrote: “We the jury would like to request if possible to replace one juror with the alternate based on the charge of the court, page 3 section 6 letter a.” That section reads jurors should: “Not let bias, prejudice or sympathy play any role in deliberations.” The replacement request was made just after noon on Sunday. About an hour later, the jury sent out its first note saying they were deadlocked. Garcia sent them back for more deliberations, before accepting a second note that they could not reach a unanimous decision. At the center of this trial was the testimony of Mariah Wilson, Marmolejo’s stepsister and ex-girlfriend. The jury requested the five statements she made to police. They were never made public in court, but she admitted she lied in four of the statements. Jurors also asked for a TV to take another look at Marmolejo’s two and a half hour interview which was shown to the court. They also had questions about whose DNA was found in the bathroom where Gloria Marmolejo was allegedly killed. But none of those questions were enough for a verdict.