Foreperson asks for juror to be dismissed in deputy assault trial

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by KYLE MOORE / KING 5 News

NWCN.com

Posted on January 21, 2010 at 12:22 PM

Updated Thursday, Jan 21 at 6:14 PM

SEATTLE-  The jury foreperson in the assault trial of former King County Deputy Paul Schene asked a judge to remove a juror. Schene is on trial for the Nov. 29, 2008 videotaped beating of 15-year-old Malika Calhoun inside a Sea-Tac jail holding cell.

Just a few short hours after deliberations began, the presiding juror sent a letter to Judge Michael Fox asking that one juror be dismissed because the foreperson felt the juror could not be impartial.

A portion of the letter was read in open court just one day after deliberations began in the 4th degree assault case.  Judge Fox read one sentence which accused one juror of lying on a jury questionnaire and stating in capital letters "she has a 15-year-old daughter." The alleged victim in the case, Calhoun,  was 15 at the time of the videotaped beating.

Both the prosecution and defense asked for the juror to be dismissed. Judge Fox denied the request, saying he felt the letter did not state enough evidence to dismiss a juror. The defense then immediately asked for a mistrial, but Fox denied the request and said the foreperson letter would be part of the record.

 

Schene claims he was following police academy taught techniques when he used a "hair hold" and punched and kicked Calhoun. The former deputy says felt he was in danger after Calhoun kicked a shoe at him striking him in the leg.

The entire incident was caught on videotape. That video led to an internal investigation and Schene's firing.

Under cross examination, Schene admitted to changing his police report and omitting information about the arrest.

Schene could face a year behind bars if convicted of the single charge.     

 

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