MERCER COUNTY Juror misconduct leads to mistrial in murder case

A juror notified a court official of an improper comment Friday morning.
By HAROLD GWIN
VINDICATOR SHARON BUREAU
MERCER, Pa. -- Juror misconduct is being blamed for the mistrial of a Sharon man accused of murder.
One of the six female jurors told other jurors that her 12-year-old daughter asked if she would fear retribution if Michael A. Rogers, 30, were found guilty of murder in the slaying of Elliott Andre Campbell, 27, of Hermitage.
Another female juror notified a court worker of the comment Friday morning before the resumption of the trial, prompting a lengthy court hearing on the matter, said David Ristvey, the assistant district attorney handling the prosecution.
The offending juror, Marlene Gaggini, of the Mercer area, was identified in open court as having made the comment, Ristvey said.
The defense made a motion for a mistrial, and Judge Francis J. Fornelli granted it, Ristvey said, adding that discussing the case, even with another juror, at this stage of the trial is a violation of the court's order not to discuss it with anyone until jury deliberations begin.
Possible charge
Fornelli indicated he is considering a contempt citation against Gaggini, Ristvey added.
Rogers will be rescheduled for trial in July or later, Ristvey said.
Most jurors questioned about the matter in court said they didn't hear the comment but at least two did, Ristvey said.
One considered it serious enough to mention it to a court official and later testified that it was her impression that Gaggini feared retribution if a guilty verdict were returned against Rogers.
Another didn't consider it serious, testifying that Gaggini said her 12-year-old daughter had asked whether she feared retribution for a guilty verdict and Gaggini had told the child that she didn't fear any retribution and that the daughter was watching too much television.
Four days lost
It took nearly four days to select the 12-member jury and three alternates, and the case got as far as opening statements Thursday afternoon.
The jury was to be taken to view the crime scene in Sharon Friday morning, and testimony was to begin later in the day.
Rogers is charged with criminal homicide and carrying a firearm without a license.
Authorities said he shot and mortally wounded Campbell after a fight inside Styles Restaurant & amp; Lounge, on East Budd Street in Sharon, on June 16, 2003.