STATE OF NEW JERSEY VS. KALIL GRIFFIN
A-3491-15T2
The State appeals, on leave granted, a post-trial order to
interview alternate jurors following the jury's return of a
guilty verdict against defendant Kalil Griffin on charges of
felony murder, robbery, and weapons offenses. Defense counsel
sought the interviews after one of the alternates telephoned him
after the verdict, claiming several jurors routinely met to
discuss the case during the trial. The alternate indicated to
defense counsel the jurors participating in those discussions
decided to vote guilty before summations, and claimed she heard
the juror who organized them say he was going to make sure
defendant did not "get off" like his co-defendant.
Delineating the obligations of a trial judge confronted with allegations of juror misconduct made after verdict as opposed to at trial, the panel concludes the alternate's allegations, even if substantiated, would not support setting aside the conviction. Because the allegations did not warrant the extraordinary procedure of calling back discharged jurors for questioning, it reverses the order and remands for sentencing and the entry of a judgment of conviction.
