MSNBC legal analyst Danny Cevallos predicted on Monday that there is a possibility for a mistrial in the case Manhattan District Attorney Alvin Bragg brought against former President Donald Trump.
Trump is currently on trial for 34 felony counts pertaining to a $130,000 payment to porn star Stormy Daniels for her silence regarding an alleged affair, and all 12 jurors were selected on Thursday.
Two jurors were initially excused before the full jury was seated, which Cevallos on “Morning Joe” said indicates the possibility of forthcoming issues that could cause a mistrial.
“So here’s the thing. I think juror attrition could be a real problem in this case,” Cevallos said. “I mean, just do the math. Last week, we lost two jurors before the trial even began. When you think about it, you do lose jurors during a trial. I’ve lost them. They fell asleep. They don’t follow the judge’s orders. But you don’t normally lose a juror after the moment they’re selected and between that and the time that the trial actually begins because, ordinarily, nothing happens during that time.”
“But in this case, you have an example where a juror goes home, they start really thinking about their duty and what this is going to entail, and they come back and say, ‘you know what, I don’t want to do this anymore.’ By the way, that’s also something that happens from time to time,” Cevallos added. “I’ve had it in organized crime cases. You have jurors who come up to the judge and say, ‘I’ll do anything. Please, I do not want to be on this jury. I’m afraid.’ That’s not obviously the same situation here, but you do have jurors who are going to have second thoughts.”
One of the jurors was dismissed after expressing concern about her ability to be impartial following friends and colleagues asking if she was on the jury based on press reports. Another was excused after prosecutors expressed concern that he may not have honestly answered jury selection questions about whether he or a relative had been convicted of a criminal offense.
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“And the question becomes, will six alternates be enough to cover this trial?” he asked. “I hope so. But if what we’ve seen so far, if that’s the rate of loss of jurors, two before we even start the trial, that could be a real problem and that could lead to a mistrial, which in, I think, the defense’s view, is a win.”
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