A 26-year old Salem man reported to the Marion County Courthouse on Tuesday morning after being summoned to serve jury duty. The day ended with the man being transported to the Marion County Jail to serve a 2-day sentence for contempt of court.
The morning began when Benjamin Kohler of Salem was selected to serve on a jury to hear evidence in a criminal armed robbery trial.
The Honorable Dennis Graves presided over the trial and gave his standard jury instructions before the lawyers presented their evidence. These instructions included the explanation that the trial would last 3-4 days, and that each juror was to pay close attention to all of the witnesses and any of the evidence presented by the attorneys for the State and/or the defendant. The jurors were also instructed that the use of cell phones during the court proceeding was prohibited. This warning was issued several times.
The Deputy District Attorney handling the case called to the stand, a Salem Police Officer who investigated the armed robbery. During his testimony, the Officer provided a video recording of the interview he conducted with the defendant. The courtroom lights were dimmed while the video played.
It was at this time that Judge Graves noticed a light reflecting on Juror Kohler's chest. It was obvious to the Court that Mr. Kohler was texting on his cell phone.
Judge Graves immediately called for a recess, cleared the courtroom and excused all of the jurors except Mr. Kohler. Kohler had no explanation for his actions. Judge Grave instructed Court Security Deputy Jeremy Schwab to take Mr. Kohler into custody for contempt of court. Kohler was arrested and transported to the Marion County Jail, charged with contempt of court; ORS 33.015 (2) (a). There is no bail for this charge.
The previously selected alternate juror replaced Mr. Kohler. The trial concluded on Thursday with the defendant being convicted on all charges.
Judge Graves commented, "The duty to serve as a juror must be taken very seriously. Every juror has the responsibility to devote his entire attention to the witnesses and evidence being presented. In this case, Mr. Kohler failed to meet his obligations and failed to honor the direction of this court. My hope is that he will use his time in jail to reflect upon his behavior."
Judge Graves also hoped that his decision to hold Kohler in contempt will serve as a lesson to all future jurors. He ordered Kohler released from jail late Wednesday evening.
The morning began when Benjamin Kohler of Salem was selected to serve on a jury to hear evidence in a criminal armed robbery trial.
The Honorable Dennis Graves presided over the trial and gave his standard jury instructions before the lawyers presented their evidence. These instructions included the explanation that the trial would last 3-4 days, and that each juror was to pay close attention to all of the witnesses and any of the evidence presented by the attorneys for the State and/or the defendant. The jurors were also instructed that the use of cell phones during the court proceeding was prohibited. This warning was issued several times.
The Deputy District Attorney handling the case called to the stand, a Salem Police Officer who investigated the armed robbery. During his testimony, the Officer provided a video recording of the interview he conducted with the defendant. The courtroom lights were dimmed while the video played.
It was at this time that Judge Graves noticed a light reflecting on Juror Kohler's chest. It was obvious to the Court that Mr. Kohler was texting on his cell phone.
Judge Graves immediately called for a recess, cleared the courtroom and excused all of the jurors except Mr. Kohler. Kohler had no explanation for his actions. Judge Grave instructed Court Security Deputy Jeremy Schwab to take Mr. Kohler into custody for contempt of court. Kohler was arrested and transported to the Marion County Jail, charged with contempt of court; ORS 33.015 (2) (a). There is no bail for this charge.
The previously selected alternate juror replaced Mr. Kohler. The trial concluded on Thursday with the defendant being convicted on all charges.
Judge Graves commented, "The duty to serve as a juror must be taken very seriously. Every juror has the responsibility to devote his entire attention to the witnesses and evidence being presented. In this case, Mr. Kohler failed to meet his obligations and failed to honor the direction of this court. My hope is that he will use his time in jail to reflect upon his behavior."
Judge Graves also hoped that his decision to hold Kohler in contempt will serve as a lesson to all future jurors. He ordered Kohler released from jail late Wednesday evening.