People v. Diaz (1984)

In People v. Diaz (1984) 152 Cal.App.3d 926, the defendant was charged with assault with a deadly weapon, the jurors were asked on voir dire whether they had been a victim of a similar crime, and the juror in question remained silent. However, in the middle of trial, the juror told court personnel she had been the victim of an attempted rape, during which the assailant gashed her chin with a knife, after which she "hunted down" the assailant and stabbed him. (Diaz, supra, 152 Cal.App.3d at pp. 929-931.) When the court asked the juror why she had not disclosed this information, the juror stated that it had not occurred to her that the assault on her was similar to assault with a deadly weapon, and assured the court that her experience would not bias her in deciding the case. (Id. at p. 931.) After the jury convicted the defendant, the Diaz court concluded the trial court had erred in refusing to dismiss the juror and declare a mistrial. The Diaz court, after concluding the appropriate standard of review was independent review (id at pp. 933-934), held that retention of the juror was reversible error, reasoning that the "concealment under the instant circumstances, regardless whether intentional, constitutes misconduct" (id. at p. 936) and "the presumption of prejudice has not been rebutted by the People by evidence showing the nonexistence of prejudice, or by an examination of the entire record" (ibid.), particularly where the jury had elected her as "foreperson . . . , thus highlighting the reasonable probability the remaining jurors would be substantially influenced by her views." (Id. at p. 936.)