A former juror was ordered Monday to spend 90 days in the Oklahoma County jail for misconduct that caused a mistrial in a high-profile case.
Marvin D. Brown Jr., 27, of Oklahoma City, also was fined $100.
District Judge Ray C. Elliott found Brown in contempt of court for the misconduct. "This was a great waste of resources," the judge said. "They call it 'jury duty' for a reason.... This was an important case."
The judge took Brown off the jury Friday morning and had him arrested. The judge acted after sheriff's deputies reported Brown was drunk and possibly high. Deputies picked him up Friday morning and took him to the courthouse when he did not show up on the trial's fifth day.
The mistrial came in a domestic abuse case that attracted attention because the defendant is a sex fetish enthusiast. Richard B. Wise, 43, of Oklahoma City, calls himself "Lord Wraith." He is accused of attacking a Utah woman who signed a contract to be his slave. District Attorney David Prater, who handled the case personally, plans to retry Wise next year.
Brown admitted to the Judge Monday that he drank so much Thursday night that he blacked out. He blamed his drinking on the stress of being on the jury and being unemployed. He also said he has been taking the prescription narcotic Percocet to mellow out.
Before speaking to the judge, he told an assistant public defender, "I do have an alcohol problem."
He also admitted to the judge that he lied when he said he couldn't stay late Thursday to deliberate. He had claimed he had no one to care for his 7-year-old daughter after 11 p.m.
"I was stretching out the truth a little bit so I could get more time to myself," he said Monday.
The contempt of court hearing started out in an unusual way. Brown told the judge he was in court Monday because he'd been accused of sexual assault. Brown said, "It was not like that, sir. It was consensual."
Brown is not accused of any sexual assault. Assistant Public Defender Kent Bridge said Brown believes he had sex Friday with a female assistant public defender. Bridge said that clearly did not happen.
The defense attorney called Brown mentally ill. Prater, who called Brown bizarre, suggested he be tested for mental problems.
The judge disagreed. "I believe it's nothing but an act," the judge said.
The judge said Brown will not get to keep his jury duty pay of $20 a day. The judge said the jury duty pay instead will go toward the fine. The judge also said Brown must serve all 90 days in jail, that Brown cannot get any credits toward early release.