Ohio judge's request for new trial denied

CINCINNATI — An Ohio judge denied a request Thursday for a new trial for a former judge who had been found guilty.

"Once a jury has returned a verdict, and that jury has been polled, a juror may not later rescind the verdict," wrote Judge Norbert Nadel. "To rule otherwise would cause chaos by jeopardizing the integrity of jury deliberations and a finality of jury verdicts."

Tracie Hunter, 48, had sought a new trial, saying her felony conviction should be overturned. All 12 jurors found Hunter guilty of having an unlawful interest in a public contract involving her brother, Juvenile Court worker Steven Hunter, who was fired for punching a teen inmate in the face.

Hunter's attorney didn't immediately return a Thursday call seeking comment.

When jurors told Nadel they had a verdict on one of the nine charges against Hunter, Nadel accepted the verdict form but placed it under seal and told no one what the verdict was. Nadel then asked each of the 12 jurors whether that was his or her verdict. Each said it was.

Nadel then ordered them to continue deliberations on the eight other charges against Hunter. Days later, they told Nadel they couldn't reach a unanimous verdict on those eight charges. Nadel declared a mistrial on those eight counts and had the verdict of the one count read in court. It was guilty.

Clyde Bennett II, Hunter's attorney, asked that the jury be polled again after the verdict was read. Nadel refused, saying jurors were asked when he accepted the verdict whether that was their verdict and each answered yes.

Hunter claimed the verdict wasn't legally a verdict until it was read in court and that Nadel was legally obligated to ask jurors again whether that was their verdict. If he had, she argued in motions, the three black jurors would have said no. Those jurors later filed sworn statements admitting they signed the verdict form and told Nadel that was their verdict at that time but later changed their minds and wanted to recant the verdict.

Hunter was convicted because she requested documents, as a judge, for information about the teen inmate her brother was fired for punching. She was accused of giving her brother some of those documents that allegedly included the victim's medical and mental history, information protected by privacy rights.

Hunter also has pending another motion to dismiss her conviction. In it, Hunter claims the forewoman of the jury lied about being the victim of a crime. The forewoman has been open about, as a teen, being sexually molested by her minister. Her incident never saw criminal charges, an indictment or conviction.

Hunter was to be sentenced Dec. 2 but Nadel vacated that date. Her second motion for a new trial on juror misconduct will be heard on that date. No new sentencing date has been set.

The special prosecutors in the case still are considering whether they will retry Hunter on the eight other felony charges that were the subject of the mistrial.