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People v. Thornton8/16/2002
r, when the juror took ill, the final vote had not yet been taken and the jury deliberations continued in her absence until two holdouts caved in. That is the error in this case. Steps should have been taken to stop the jury deliberations. No such steps were taken and the deliberations continued unabated while the trial judge, understandably concerned about the welfare of the ill juror, questioned her back in chambers, outside the presence of her fellows, regarding her illness and whether she would be able to return to complete the deliberations. Once notified that the jury, with only 11 of the constitutionally mandated 12 jurors in harness, claimed to have reached a verdict, the trial court expressed its concern about the effect of the separation on the process. The trial court stated:
"THE COURT: Yes. The jury indicated they had reached a verdict. In conjunction based on what transpired in my chambers, I think that it would be prudent to bring them out and question them about the chronology of their reaching a verdict and then see what they have together."
Once back before the jury, the trial court explained its understanding of the events that took place while the ill juror was separated from the rest. At that point the trial court participated in the following exchange:
"THE COURT: Would you give the verdict forms to the sheriff, please. Mr. Foreman, during the deliberations, one of the jurors, * * * who is a member of this jury, knocked on the door and indicated to the sheriff that she wasn't feeling well. I then had her brought into my chambers with the attorneys. While we were speaking to her, the sheriff informed me that there was a another knock on the door and someone indicating that the jury had reached a verdict, is that correct?
THE JURY FOREMAN: That's right.
THE COURT: Was [the ill juror] in the room when the jury reached a unanimous verdict?
THE JURY FOREMAN: We have received her at least implicit approval on the verdict. We had unanimously on the first verdict and we were - been working for an hour and a half or two on the second, and we had at least her implicit approval, and there were two other people who had not yet decided on the verdict, but she was not one of those two." (Emphasis added.)
The constitutional rights of a defendant and the province of the jury itself are sacrosanct. The right of trial by jury is a fundamental right in the American judicial system. Ney v. Yellow Cab Co., 2 Ill. 2d 74 (1954). As a fundamental right, like all the others we collectively hold so dear, it is due our most fervent protection. The reason is simple, a citizen's liberty hangs in the balance. And while it may be inconvenient for the trial court, both in terms of time and resources, to have to give a defendant a second trial, under these facts there would seem to be little alternative. The majority seems to be of the opinion the constitution allows an ill juror to simply ratify the desired verdict ex post facto. I cannot join in this viewpoint. The brilliance of the American jury system, and what makes it both the best system in the world and a shining example to other countries around the globe, is that it pits a predetermined number of ordinary citizens against each other, each armed with the trial court's instructions and their individual volumes of life experience. What follows, once the door to the jury room is closed, is a process wherein each element comes into play. History has repeatedly shown us that one juror can make a difference, simply by persistence and the strength of his or her beliefs. I simply do not believe we should ever knowingly short circuit the process for purposes of expediency or convenience,
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