Judges reject appeal over Ohio juror who slept during testimony

COLUMBUS (AP) — An Ohio appeals court has concluded a juror’s snoozing during testimony in a murder trial isn’t enough to overturn the defendant’s conviction.

An attorney for 28-year-old Desjuan Hayes argued Hayes didn’t get a fair trial last year because a judge failed to remove the juror or question her about repeatedly falling asleep.

The Columbus Dispatch reports a three-judge panel from the appeals court ruled the juror’s napping is unacceptable but didn’t appear to affect the trial’s outcome.

The attorneys in the case discussed possibly replacing the snoozing juror with an alternate during trial, but neither side requested that move when the judge offered it.

Hayes was sentenced to life in prison with possible parole after 21 years.