Juror miscue stalls Hilo rape trial
Peter Bailey's previous conviction comes out during deliberations
HILO » Jury deliberations in a case of alleged statutory rape of a 12-year-old Big Island girl came to a halt yesterday when a juror blurted out knowledge of defendant Peter Bailey's prior murder conviction.
Jurors are required to consider only evidence presented in court regarding the case at hand, and evidence of Bailey's conviction was not introduced in the trial.
Bailey, 50, a music director at the Hamakua Coast Assembly of God, is charged with four counts of sexual acts allegedly done to the girl at the church on the night of July 22. None of the alleged acts involved the use of force, but the girl comes under a provision of the law dealing with a minor under the age of 14.
Judge Glen Hara gave Bailey's lawyer, Deputy Public Defender Melody Parker, until Monday to file any motion regarding yesterday's jury incident.
A motion for a mistrial could result in a new trial.
Hara questioned each of the jurors individually and instructed them to return Monday in case deliberations are allowed to proceed.
The jurors had deliberated a total of 4 1/2 hours when the incident took place.
In questioning by the judge, a female juror said she became frustrated watching a videotape of Bailey telling a police officer he did not know what he was doing that evening.
She said she "blurted out" that Bailey had been convicted of murder and is on parole.
Another juror told the judge that the female juror "was kind of mumbling," but others heard her statement, quickly stopped deliberations and sent a note to Hara asking for guidance.
The jurors did not learn the details of Bailey's prior case, which involved conviction for murder, kidnapping and robbery in 1979 for the shooting death of Carol Olandy, 17, of Oahu.
Bailey was sentenced to remain in prison until 2014, but he was released on parole in 2002.
The female juror told Hara she was sorry she mentioned the prior case and said she can still be impartial.
The rest of the jurors also said they can still be impartial, although one expressed doubts for several minutes and others said some of their colleagues had expressed doubts in the jury room.
Although the jurors are forbidden to consider Bailey's prior convictions while reaching a verdict, they could be required to consider the conviction if they find him guilty and the case then moves to a hearing on his sentence.
That would take place if Deputy Prosecutor Michael Kagami goes ahead with an intention to seek an "extended" sentence, such as doubling the length of the sentence due to Bailey's prior conviction.