SPU Shooting Trial: Compromise of Jurors' IDs Could Have Resulted In Mistrial

It wasn’t the testimony, but what happened without the jury even present in court that made news in the trial of suspected Seattle Pacific University shooter Aaron Ybarra on Thursday.

The issue highlighted just how seriously courts take juror anonymity.

When jurors visited SPU’s North Queen Anne Hill campus on Oct. 26 journalists were allowed to record only images of the vans that carried jury members, but nothing else.

Before any testimony in court Thursday morning, Senior Deputy Prosecuting Attorney Jessica Berliner informed King County Superior Court Judge Jim Rogers that she’d been alerted to a problem that could cause a potential mistrial.

Overnight, Berliner had received word that Seattle Pacific University’s newspaper – both printed and online versions – published an image from the campus visit that included the jurors’ blurred faces.

Judge Rogers said “it was foolish” for SPU to have published the image, and called it a violation of his court order.

According to Deborah Ahrens, an Associate Professor at Seattle University Law School, when a juror’s identity is known, he or she can become the target of harassment, especially if the verdict may be controversial.

Ahrens acknowledged, deciding the guilt or innocence of a suspected campus gunman could be considered controversial.

Ahrens also told KIRO 7, if a juror’s identity becomes known, someone could also try to influence his or her verdict.

Both instances, according to Ahrens, could result in a mistrial.

During Ybarra’s trial, which began on Oct.10, KIRO 7’s camera has been the only video camera in the courtroom.  KIRO 7 then shares video of all testimony with the other TV stations present in court.

In order to avoid recording any images of the jury – which is seated between KIRO’s camera and the witness stand – a station engineer had to build a foot-tall wooden platform to elevate KIRO’s camera and photographer, so even the tops of the jurors’ heads won’t accidentally come into frame.

Every time jury members enter or leave the courtroom, KIRO 7’s photographer quickly points her lens at the ceiling to protect their identities.

Lawyers for both sides acknowledged in court that SPU student journalists were probably not aware of the court’s order regarding no images of any part of the jurors.

Berliner said, the school has pulled the photo from its online publication and is also trying to gather-up all printed copies.

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