Juror Received Information from a Source Outside the Trial

In People v. Nesler (1997) 16 Cal.4th 561, the court found prejudicial misconduct where a juror, during the sanity phase of a murder trial, "received information concerning defendant from a source outside the trial. She did not disclose the information or its source to the court. The source of the information was a woman she had encountered in the bar who made various comments concerning defendant, including statements that the woman had been a babysitter for defendant's children, that defendant left her children for long periods of time, that defendant is not a good mother, and that defendant used illicit drugs. During deliberations, the juror stated she knew defendant's babysitter, and passed along information she had received from the woman she had encountered in the bar. The juror did not tell the other jurors that her information came from 'a stranger sounding off in a bar.' She implied to other jurors that she had information concerning defendant, defendant's family, and defendant's associates that other jurors did not have. In addition, during deliberations the juror referred to defendant as a 'crankster' and stated that defendant used methamphetamine more than the evidence showed. The juror's statements based upon outside information were made during periods of deliberations in the sanity phase when she was in disagreement with views offered by other jurors on those matters, either in outbursts or in statements under her breath that were heard by only one or a few jurors. Finally, she stated after the trial, 'The bitch got what she deserved.'" ( Id. at pp. 574-575.)