Wisconsin Law Blog

The below story is so disturbing because there is nothing more unpredictable about being a personal injury lawyer, than who winds up on a jury and why they answer the verdict questions the way they do. The interaction between parties and jurors during a long trial, is such a difficult and contrived matter. Some court houses make it a non-issue, with jurors not crossing paths with lawyers and clients during a trial. Others, you share a bathroom, see each other at every break and it is difficult not to have established some connection just in the way you say good morning or smile.

The John Grisham like jury taint/jury tampering seems so distant from the real world we trial lawyers practice in, but these types of stories can undermind our strict belief in the integrity of the system.

Attorney Gordon Johnson
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©Attorney Gordon S. Johnson, Jr. 2009


Date: 7/2/2009 10:19 PM

NOAKI SCHWARTZ,Associated Press Writer


LOS ANGELES (AP) — A Los Angeles fashion designer convicted of sexually assaulting seven women and teenage girls should not be granted a new trial even though a juror flirted over the phone with the defendant’s sister, prosecutors argued Thursday.

Attorneys representing Anand Jon Alexander are seeking a new trial because they believe one of the jurors, Alvin Dymally, could not have been impartial because he reached out to Alexander’s sister during the trial.

But prosecutors counter that a conversation between them was just flirtatious banter and not about the defendant’s guilt or innocence.

The district attorney’s office on Thursday released a transcript of a recorded phone conversation between Dymally and Alexander’s sister Sanjana in which the juror complimented her appearance and made plans to meet.

“The tape speaks for itself,” Deputy District Attorney Frances Young wrote in prosecution’s argument against a new trial. “It appears to capture a conversation in which Dymally wanted to privately tell Sanjana that he thought she was ‘sexy’ and that he wanted to see her ‘afterwards.'”

Leonard Levine, the fashion designer’s attorney, said parts of the conversation have not been transcribed, including Dymally telling Sanjana Alexander that he loved her. Levine said Dymally changed his vote from not guilty to guilty in November after Alexander refused to meet with him during jury deliberations.

“I think it’s clear that he was in love with her,” Levine said. “He was hardly an impartial juror.”

In the transcript, Dymally compliments Sanjana Alexander’s eyes and long hair. The defendant’s sister, who testified she called the juror because she was scared of angering him, did not say much beyond “thank you.”

“I know you don’t want to say much, but maybe afterwards I’ll speak to you,” Dymally said to her. “I’ll do every possible thing I can do.”

During the trial, Sanjana Alexander was told not to talk or have any contact with witnesses and was removed from the courtroom after violating this directive. She called Dymally twice after the juror slipped his phone number in a note and taped one of the conversations, prosecutors said.

Young chastised Alexander’s behavior but pointed out that the phone calls did not prejudice the juror’s verdicts in the trial. Alexander came forward with the tape following her brother’s conviction on Nov. 13.

A hearing is set to resume Monday on the new trial request for the 35-year-old fashion designer, who was convicted on more than a dozen counts of luring females to Los Angeles and sexually assaulting them. His seven victims ranged in age from 14 to 21.

Anand Jon Alexander faces similar charges in New York involving nine women.

The designer has been featured on the television show “America’s Next Top Model” and worked with such celebrities as Paris Hilton and Mary J. Blige.

Copyright 2009 The Associated Press.