BLAKELY TRIAL: Judge denies motion for mistrial

Aug. 6—Judge Pamela Baschab on Friday denied a motion to overturn two guilty verdicts against former Limestone Sheriff Mike Blakely and declare a mistrial in the case, records show.

Blakely's defense team had filed the motion earlier this week, citing a juror who claimed she was under such duress during the trial that she "incorrectly" told other jurors and Baschab that her vote was guilty when it wasn't.

The juror identified herself as Sue McEwan Pentecost in an affidavit filed publicly alongside the motion. Pentecost said she's suffered from medical conditions, including heart issues and stage 4 breast cancer, that led her to experience heart palpitations, fatigue, inability to think logically and more while in deliberation.

"My medical condition is what caused me to incorrectly tell other jurors and the judge that my vote was guilty on Count 2 and Count 13 even though it was not," Pentecost said in her affidavit. "I watched the whole trial, I took detailed notes, and I walked away convinced the State of Alabama failed to reach their burden on all counts."

Furthermore, Pentecost said a jury foreman was chosen without a vote and jurors were yelled at by the self-appointed foreman, "making it sound like this was her courtroom, her rules and the Judge's instructions didn't matter."

"I wanted to get out of that room because I feared I was about to die from either a stroke or brain bleed caused by my (atrial fibrillation) and not the words or stress of others," Pentecost, 74, said, later adding she'd been told by doctors that she wouldn't live to see last Christmas.

"I truly believe I'm still on this earth for a reason and am on borrowed time," she said. "I can't leave this world knowing that my health issues and AFib compromised my abilities to be forthright with this Court."

The state's response to the defense's motion was filed in the public court records system Friday morning. In it, they cite multiple reasons for which the motion should be denied, the first being that such a motion "is not proper until a defendant has been sentenced."

Secondly, "Alabama has a historic and strict 'anti-impeachment' rule that precludes jurors from attacking or impeaching their own verdict."

"It is black letter law that no juror is competent to testify to any matter or statement occurring during the jury deliberations, to the effect of anything upon the mind or emotion of any juror, or to the mental processes of the juror whose testimony or affidavit is being offered," the state said, adding such juror statements have been inadmissible in overturning verdicts for more than 100 years.

They said none of the exceptions to the rule apply in Blakely's case and called into doubt some of the claims made by Pentecost. The state noted Pentecost failed to mention any health issues on her juror questionnaire, could have withdrawn from the jury entirely due to health reasons — two alternate jurors also sat in on the whole trial and could have taken her spot at any point — and could have voiced her concern when polled after the verdict was read.

Blakely "had the benefit of five days of jury selection, an open courtroom full of his supporters during a two-week trial, and the opportunity, like every other criminal defendant, to challenge evidence, cross-examine witnesses, and to testify in his own behalf," the state said. "... Blakely cannot change the fact that he was found guilty with public filings containing allegations that even a cursory review of controlling law would show are plainly inadmissible."

Baschab did not mention in her order why she denied the motion, simply that the motion to overturn and set aside the verdicts, then to declare mistrial or grant a new trial had been denied.