Ark. death row inmate gets new trial because of tweet

The Arkansas Supreme Court on Thursday tossed out a death row inmate’s murder conviction and said he deserves a new trial because one juror slept and another tweeted during court proceedings.

Erickson Dimas-Martinez’s attorneys had appealed his 2010 murder conviction because a juror sent tweets despite the judge’s instruction not to post on the Internet or communicate with anyone about the case. The lawyers also complained that another juror slept.

In one tweet, juror Randy Franco wrote: “Choices to be made. Hearts to be broken…We each define the great line.” Less than an hour before the jury announced its verdict, he tweeted: “It’s over.”

Other tweets by Franco made passing references to the trial, with posts such as, “The coffee sucks here” and “Court. Day 5. here we go again.”

The court said Franco, known as Juror 2 in court documents, violated general instructions to not discuss the case. Before opening arguments, the judge said: “Just remember, never discuss this case over your cell phone … and don’t Twitter anybody about this case.”

Franco didn’t immediately return a message left Thursday, but he has defended his tweets in the past.

“None of my texts indicated anything about the trial,” he told the Arkansas Democrat-Gazette last year. “I hadn’t made up my mind.”

That explanation seemed to satisfy a lower court judge, but it didn’t sit well with the state’s highest court.

“Because of the very nature of Twitter as an … online social media site, Juror 2’s tweets about the trial were very much public discussions. Even if such discussions were one-sided, it is in no way appropriate for a juror to state musings, thoughts, or other information about a case in such a public fashion,” Associate Justice Donald Corbin wrote.

The justices also used the case to point out that a wide array of juror misconduct can come into play when jurors have unrestricted access to their cell phones during a trial.

“Most mobile phones now allow instant access to a myriad of information. Not only can jurors access Facebook, Twitter, or other social media sites, but they can also access news sites that might have information about a case,” Corbin wrote.

He also asked a panel to consider whether to limit jurors’ access to cell phones during trials.

Janice Vaughn, who argued Dimas-Martinez’s case in front of the state Supreme Court last month, said the case will likely bring about new rules governing jurors’ cell phone usage.

“It’s not about your right to tweet or be on Facebook,” said Felecia Epps, who teaches criminal law at the University of Arkansas at Little Rock. “It’s about protecting the right of the person who may end up behind bars or end up losing a significant amount of money in a civil case.”

An assistant attorney general had argued that the tweets were merely about the juror’s feelings and not about specifics of the trial. Aaron Sadler, a spokesman for the attorney general, said Thursday that the state hasn’t decided what it will do next.

“We are currently reviewing the Court’s decision and will confer with the local prosecutor on next steps,” Sadler said in an email.

Courts in Arkansas and around the country are grappling with problems caused by jurors using Twitter, Facebook or other online services during trials. In 2009, a Washington County judge dismissed an attempt to overturn a $12.6 million judgment against a building materials company, despite the firm’s complaint that a juror’s Twitter posts showed bias.

Dimas-Martinez, now 26, was sent to death row for robbing and shooting a teenager after a party in northwest Arkansas in 2006. Prosecutors said Dimas-Martinez held 17-year-old Derrick Jefferson at gunpoint and demanded his money before he shot him.

SportsPlus

Crime, Courts & Emergencies

Attorneys give opening statements in murder trial of Minnesota man accused of killing his girlfriend

Adams

Kraus-Anderson completes expansion at Southland Schools

News

La Nina could soon arrive. Here’s what that means for winter weather

Business

Medicap Pharmacy selling to Sterling Pharmacy

Mower County

Fourth Street NW bridge demolition delayed, Oakland Avenue bridge to reopen soon

Mower County

Institute launches Minnesota Bioimaging Symposium, highlights bioimaging advancements accelerating biomedical research

Education

‘We can truly do something about this’

Mower County

Veterans Memorial renovation near 100% funded

Mower County

In Your Community: Bruins suit up with Austin High School’s Unified PE classes

Mower County

Final registration deadline nearing for Karl’s Legacy fundraiser

Mower County

Mower County Health Plan is ‘win-win’ for both employees and taxpayers

Mower County

In Your Community: City of Austin hosts tree planting workshop

Mower County

723 youth participated in Minnesota 4-H State Shooting Sports & Wildlife Invitational

News

State announces next steps for businesses looking to add EV charging stations

News

Lilly Ledbetter, an icon of the fight for equal pay, has died at 86

Business

Walgreens to close 1,200 US stores as chain attempts to steady operations at home

News

Harris zeroes in on Black men, Trump focuses on women as both seek to fire up key voting blocs

News

Israel assures US it won’t strike Iranian nuclear or oil sites, US officials say

News

Trump’s Pennsylvania town hall turns into impromptu concert after medical incidents

News

Walz to unveil Harris’ plan for rural voters as campaign looks to cut into Trump’s edge

News

Pumpkin weighing 2,471 pounds wins California contest

Education

Green, Fadness honored during Monday night’s APS Board meeting

Mower County

Austi-Con Tabletop Game Convention returns for year eight

Mower County

Minnesota Supreme Court Associate Justice Anne McKeig connects with AHS Students