Hamilton County, Ohio – Clyde Bennett, the attorney representing Rodney Hinton Jr., filed a motion on Thursday in the Hamilton County Court of Common Pleas seeking to subpoena members of the jury that convicted Hinton of murder and related offenses.
Background of the case
Hinton was found guilty last month after three days of deliberations. The jury returned convictions for murder, two counts of felonious assault and two lesser counts of reckless homicide. The more serious aggravated murder charges were rejected, as was Hinton’s claim of insanity.
Allegations of juror misconduct
In the filing, Bennett argues that the jurors were specifically instructed not to consider Hinton’s statements to psychologists when evaluating guilt or innocence. He contends the jurors nonetheless kept those statements in mind, violating Ohio Evidence Rule 606(B)(2) on extraneous prejudicial information.
“The jury was specifically instructed not to consider Mr. Hinton’s statements to psychologists as part of the evidence of guilt or innocence, yet they kept these statements in front of them and used them for the purpose of considering guilt or innocence,” the motion states. Bennett asserts that this error undermines the verdict and that it “cannot stand without meaningful judicial review.”
Request for a new trial
The motion seeks a court order allowing the subpoena of jurors so the defense can examine the narrow issue of whether the jurors improperly used the psychologist statements in their deliberations. Bennett argues that a new trial is warranted if the court finds the jurors’ conduct violated the evidentiary rule.
Legal context
Ohio’s evidentiary standards require jurors to base their decisions solely on evidence admitted at trial and on instructions from the judge. When a court believes jurors may have considered prohibited information, a party may move for a new trial or other relief. The outcome of Bennett’s motion will depend on the court’s assessment of whether the alleged misconduct materially affected the verdict.
What’s next?
The court has not yet ruled on the subpoena request. If granted, the defense will be able to question jurors about their deliberations, a step that could lead to a hearing on the validity of the conviction. Hinton remains in custody pending any further judicial action.
Both the prosecution and the defense are expected to present additional arguments in the coming weeks as the case moves forward.
Original reporting: WLWT Cincinnati — read the source article.
