Pubdate: Fri, 27 Sep 2002
Source: Times-News, The (ID)
Copyright: 2002 Magic Valley Newspapers
Contact:  http://www.magicvalley.com/
Details: http://www.mapinc.org/media/595

COURT VOIDS WOMAN'S DRUG CONVICTIONS OVER BAILIFF MISCONDUCT

BOISE -- The Idaho Court of Appeals has voided the drug convictions of a 
Twin Falls County woman because of conversations a court bailiff had with 
the jury.

In the unanimous decision, the three-judge panel ruled that because 
prosecutors could not show that the communications between the bailiff and 
the jury were harmless, the verdicts against Michelle Eguilior had to be 
set aside under state Supreme Court precedents.

Eguilior was convicted and given a 3- to 10-year sentence after being 
charged with selling marijuana to an undercover informant for the Twin 
Falls Sheriff's Department in 2000. A search of her home turned up more 
marijuana, methamphetamine and drug paraphernalia.

During the jury deliberations that led to her conviction, a bailiff -- an 
employee of the Twin Falls County Sheriff's Office -- reportedly spoke to 
members of the jury. The bailiff was not identified in court records.

Eguilior's attorney raised the issue with 5th District Judge Roger Burdick, 
who determined that the bailiff in fact did have unauthorized contact with 
jurors on three separate occasions. But Burdick ruled that the 
conversations didn't prejudice the jury and denied Eguilior a new trial.

One of the bailiff's conversations with the jury involved a procedural 
issue. But the appeals court said there was no evidence in the record to 
indicate what the other two conversations were about -- and that requires 
the guilty verdicts be set aside, Chief Judge Darrel Perry wrote.

"The individual reporting the incident saw the bailiff speaking into the 
jury room while the jurors were present but did not hear what had been 
said," the opinion says.

Eguilior's arrest resulted from a drug raid at her Buhl home that capped a 
three-year investigation, officials said at the time. Eleven people were 
arrested in the raid, which produced a 33-gram chunk of methamphetamine and 
several meth bindles; more than 1 1/2 pounds of marijuana; half a gram of 
cocaine; two shotguns; and more than $7,200 in cash.

Prosecutors filed four separate cases against Eguilior. They included 
charges of delivery of a controlled substance, marijuana; trafficking in 
marijuana by possession; possession of drug paraphernalia; and trafficking 
in methamphetamine by possession.

Eguilior was represented in her appeal by Molly J. Huskey and Richard J. 
Hansen of the state public defender's office.