People v. Mitchell

592 N.W.2d 798, 233 Mich. App. 604
CourtMichigan Court of Appeals
DecidedFebruary 2, 1999
DocketDocket No. 195970
StatusPublished
Cited by2 cases

This text of 592 N.W.2d 798 (People v. Mitchell) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Mitchell, 592 N.W.2d 798, 233 Mich. App. 604 (Mich. Ct. App. 1999).

Opinion

Saad, J.

Appellant the Detroit Free Press appeals by leave granted an order denying its motion for release of jurors’ names and addresses in the trial of Ervin Dewain Mitchell. We remand to the trial court for additional findings in support of its order.

i

nature of the case

The Free Press seeks postverdict access to the names and addresses of jurors who served in a lengthy, high profile, serial rape and murder trial that was open to the press and the public. The trial court denied the Free Press’ request to release the names and addresses, in part because the jurors expressed concerns for their safety and also because the jurors said they wished to be left alone. The Free Press’ assertion of a constitutional right of access to this information raises an issue of first impression under Michigan law, and one that has yet to be definitively decided by the United States Supreme Court. Most federal and state courts that have addressed this issue have articulated a limited or qualified right to [606]*606such access, premised on the Press-Enterprise1 rationale that openness in all aspects of our justice system promotes fairness to litigants and promotes public faith in our jurisprudence. Indeed, such openness has traditionally been the hallmark of the Anglo-American system of justice, serving as an indispensable guarantee against a closed system’s potential for arbitrariness and corruption. At the same time, these courts have recognized the need to protect the integrity of our justice system by assuring the jurors’ rights to safety and privacy, the accused’s Sixth Amendment right to a fair trial, and the trial court’s discretion in administering the courtroom. Inadequate attention to these interests could also compromise the integrity of our justice system. This is especially true where the trial court finds that juror safety concerns are legitimate.

In balancing the strong public policy of openness against the policy of protecting the integrity of the jury system by safeguarding jurors’ legitimate interests, we hold that the press has a qualified right of access to names and addresses of jurors postverdict. We qualify this right of access by also holding that trial courts have discretion to impose appropriate restrictions on the manner and time of disclosure, and in some circumstances, perhaps, to refuse disclosure, in order to accommodate all the interests of justice, where safety concerns of jurors are found to be legitimate concerns.

[607]*607n

FACTS AND PROCEEDINGS

This appeal arises from the jury trial of Ervin Dewain Mitchell on consolidated charges of felony murder2 and three counts of first-degree criminal sexual conduct3 (csc-i).4 Between September 1992 and May 1994, an unknown assailant viciously beat and raped four Ann Arbor women. One died from the beating. The media widely reported these crimes, referring to the unknown assailant as the “Ann Arbor serial rapist.” The rapist remained at large until December 1994, when Mitchell was arrested following a fifth attack (not charged in this trial). Dna evidence tied Mitchell to the four previous crimes.

A two-week trial took place in May and June 1995. The trial court commented that the trial was “the most highly publicized case this County has had in decades.”5 Because of the high profile nature of the case, the trial court took measures to protect the jurors’ identities. Jurors were identified only by number, not by name, during the pretrial proceeding to eliminate prospective jurors on the basis of questionnaires, and during the voir dire. Jurors were sequestered during the trial. The court prohibited the media from showing the jurors’ faces and barred the broadcast media from voir dire. During the trial, the court prohibited “any person from disseminating to the pub-[608]*608lie the names or addresses of the jurors or prospective jurors” and declared that “any attempt by anyone to communicate with a member of the jury panel is subject to criminal contempt of court.” Both the Free Press and the prosecutor have averred, however, that the names of the selected jurors were read in open court, a fact we are unable to verify from our review of the record.

Before the jury reached a verdict, the Free Press petitioned the trial court to release the jurors’ names and addresses postverdict. The trial court informed the jurors of the request and asked their opinions. The majority of the jurors opposed the request, stating concerns about family privacy or safety. One asked whether defendant Mitchell’s family members were violent. Only five out of sixteen jurors (including four alternates) had no objection.

At the June 16, 1995, hearing on the Free Press’ request, the trial court summarized the results of the juror interviews and read the following statement from the jurors:

We worked hard to reach this verdict. It was the right thing to do. It was hard on everyone, including all the families involved. We shed a lot of tears. All of our lives have been disrupted, and we’ve been separated . . . from our families for over two weeks. Please respect our privacy and do not attempt to contact us. Thank you for your consideration.

The court also commented on the burdens the jurors shouldered during trial:

These jurors did everything we asked, and demanded, of them for almost three weeks. They returned a considered verdict in a five [sic] count murder/rape trial that included [609]*609days of testimony that was both violently brutal and scientifically complex. They have served their community well. These “citizen-soldiers” have done their duty and have been discharged. Those who wish to discuss their service with the media are free to volunteer to do so. This Court will not order this jury to be subjected to further intrusions into their private lives.
The requests for publication of juror names and addresses are denied.

Finally, the Court scheduled a postverdict news conference for jurors to attend at their option, but none chose to do so. The Free Press now appeals.

in

PRECISE ISSUE BEFORE THIS COURT

Before beginning our analysis, we will first clarify the exact scope of the issue before us. This is not a case in which juror identities were concealed from the parties; both prosecution and defense counsel were able to review juror questionnaires pursuant to MCR 2.510. This also is not a case in which the media was barred from the courtroom, or denied a transcript of the proceedings, or prohibited from interviewing jurors. Similarly, the jurors were not prohibited from speaking with the press. The Free Press has not contended that it was excluded from attending any portion of this trial or related proceedings. The sole issue we decide is whether the trial court was required, under the media’s First Amendment [610]*610right to news gathering, to provide the Free Press, postverdict, with the names and addresses of jurors.

IV

ANALYSIS

A. SURVEY OF CASE LAW

In United States v Gurney, 558 F2d 1202 (CA 5, 1977), the Fifth Circuit Court of Appeals held that there was no constitutional violation in the trial court’s refusal to release the names and addresses of jurors.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Commonwealth v. Gadson
27 Mass. L. Rptr. 422 (Massachusetts Superior Court, 2010)
In Re Juror Names
592 N.W.2d 798 (Michigan Court of Appeals, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
592 N.W.2d 798, 233 Mich. App. 604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mitchell-michctapp-1999.