Mistrial over juror background checks

Published: June 10, 2009 at 11:05 AM

WINDSOR, Ontario, June 10 (UPI) -- A mistrial was declared in a Canadian homicide trial after the judge learned Ontario prosecutors had police run background checks on prospective jurors.

Two months into the first-degree murder trial of Richard Zoldi and Shane Huard in Windsor, Ontario, Superior Court Justice Bruce Thomas declared the mistrial Tuesday, the Windsor Star reported Wednesday.

Thomas said the information two Crown prosecutors obtained from Windsor Police went beyond what the Juries Act stipulates as reasonable and was never shared with the defense lawyers. Thomas said the information, which included such notations as "dislikes police," "family issues" and "criminal associates," gave prosecutors an "unfair advantage in selecting a jury favorable to the prosecution."

The police database checks were done on 200 potential jurors summoned on March 30, the report said.

Of the two Crown attorneys, one said he had prosecuted 15 jury cases, while the second said this was his first such trial, the newspaper said.

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