C.A. 2nd;
B277631

The Second Appellate District reversed a judgment of conviction. The court held that the trial court committed federal constitutional error in allowing a rape victim's high school teacher to remain on the jury.

Heriberto Romero was tried before a jury on multiple felony charges arising from sexual assaults on two unrelated victims, Brittney P. and Marissa G. During a beak in proceedings after Marissa had begun her testimony, Juror No. 7 told the trial court that Marissa may have been a student of hers. During questioning by the court, she said she was a high school teacher and was “very sure” Marissa had been a student of hers about three years earlier. The trial court noted that it was not unusual for jurors to have had prior contact with witnesses in this particular community. The court asked the juror if her prior relationship with Marissa would affect her ability to be fair and impartial. Juror No. 7 responded, “Not really. She was a good student. I remember positives. But I still think I can be fair.” Over defense counsel's objection, the trial court allowed Juror No. 7 to remain on the jury. Romero was convicted on all charges.