Deliberation restarts after juror is replaced

HILO » A Big Island jury restarted deliberations on the alleged statutory rape of a 12-year-old girl after trial Judge Glen Hara replaced yesterday a juror who made improper statements last week.

The jury had been deliberating four sexual assault charges against Peter Bailey, 50, when a juror told other jurors about Bailey's 1979 murder conviction. Jurors are not supposed to discuss anything except the information presented in court during the trial.

The jurors immediately notified the judge about the improper statement.

Deputy Public Defender Melody Parker asked Hara to declare a mistrial yesterday, but the judge declined. Hara noted that during individual questioning last week, all the other jurors said they could put aside the reference to the murder and consider only the evidence in this case.

The woman who made the comment about the murder conviction also told the judge that she could continue to be fair and impartial, but Hara replaced her with one of the alternates. Hara ordered the jury to start deliberations from the beginning.

Jurors deliberated yesterday and were to return today.

Bailey allegedly took the girl to music practice at the Hamakua Coast Assembly of God, where he was music director, on the night of July 22.

He allegedly removed her clothes and his, and engaged in four sex acts with her. There was no testimony that he used force, although the girl testified that she was afraid.