In a recent five-day trial in Arizona, the jury heard evidence regarding the defendant’s charges for a drive-by shooting, aggravated assault, and aggravated harassment. During trial, the defendant’s ankle monitor began beeping, causing several jury members to look down at the defendant’s ankle. The defendant requested a mistrial, arguing the beeping led the jury to believe he was a dangerous person. The trial court denied the request, and the higher court affirmed this decision, ruling that the defendant did not show any prejudice resulting from the monitor.
Facts of the Case
The defendant was originally charged after he allegedly violated a protection order that his ex-girlfriend had gotten against him. According to his ex-girlfriend, the defendant followed her in a car, shot a bullet at her tire, and drove away. The defendant pled not guilty, and his case went to trial.
The Trial
During the defendant’s cross-examination toward the end of trial, the defendant’s ankle monitor began beeping after he failed to recharge the monitor’s battery. The trial court judge quickly adjourned the trial and later told jury members that they were not to draw any inferences from the beeping.