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Brown v. Commonwealth6/16/2005
enge for cause."' Adkins v. Commonwealth, 96 S.W.3d 779, 796 (Ky. 2003) (quoting McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548, 556, 104 S.Ct. 845, 850, 78 L. Ed.2d 663 (1984)). The evidence cited by Appellant falls short of meeting this standard. For example, in Paenitz v. Commonwealth, 820 S.W.2d 480 (Ky. 1991), we remanded for a new trial where there was evidence, to prove that a juror withheld the fact that she had discussed the details of the case with the government's expert witness prior to trial. Id. at 481. In contrast, Juror 25's statements, if taken as true, do not indicate that the unidentified juror had knowledge of the facts and circumstances of Appellant's case; indeed, the only allegation was that the unidentified juror had heard rumors. If this did actually occur, we can only speculate as to the amount and substance of these rumors, given the threadbare allegations set forth by Appellant.
In circumstances where no challenge is made to juror qualification prior to or during trial and the challenge first occurs after rendition of a verdict, a party seeking relief from the effect of the verdict bears a heavy burden. It is incumbent upon such a party to allege facts, which if proven to be true, are sufficient to undermine the integrity of the verdict.
Gordon v. Commonwealth, 916 S.W.2d 176, 179 (Ky. 1995). In light of the speculative nature and paper-thin credibiIity of Appellant's allegations, we hold that the trial court did not abuse its discretion in overruling Appellant's motion for a new trial. Cf. Key v. Commonwealth, 840 S.W.2d 827, 830 (Ky. App. 1992) (jury verdict affirmed where defendant failed to elicit testimony from juror in question and the only evidence offered showed nothing more than speculation that juror was biased).
III. UNPRESERVED ISSUES
During an in-chambers hearing before Appellant's trial began, the prosecutor informed the court and defense counsel that "even if [Kaylor and Appellant] were racing, the race would have ended when Kaylor gets ready to turn [off of Pembroke Road]," and that the evidence would therefore not show that they were racing through the intersection where the collision took place. The prosecutor also stated that while Kaylor would testify about the manner in which he and Appellant were driving, he would not testify that the two were racing. Indeed, Kaylor never testified that he was racing with Appellant. During Kaylor's direct and cross-examinations, no mention was made of the racing rumors in the community. On redirect examination, the prosecutor asked Kaylor if he had entered a guilty plea in response to a wanton endangerment charge, and Kaylor answered that he had entered an Alford plea. On recross, defense counsel followed up this inquiry by asking Kaylor what he had done to merit the wanton endangerment charge. Kaylor responded, "As far as I was concerned, I didn't do anything wrong, but it got started somehow that I was racing, when I in fact wasn't. I really don't know where it came from." Appellant concedes that he did not object to the prosecutor's inquiry, but he seeks review for palpable error on grounds that the prosecutor should not have been permitted to elicit new evidence on redirect examination. Accordingly, we review for manifest injustice. RCr 10.26.
As a general rule, redirect examination should be limited to questions explaining matters that have been developed on cross-examination. E.g., White v. Commonwealth, 292 Ky. 416, 166 S.W.2d 873, 877 (1942). Nevertheless, " rial courts have always had substantial discretion to allow departure from these norms.. .. The language of KRE 611(a), giving trial judges 'reasonable control over the mode and order of interrogating wi
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