BOUNTIFUL -- Convicted killer Paul Allen exchanged the words "I love you" with family members as he entered a 2nd District courtroom Tuesday to learn if he'd get a new trial.
In less than one hour, he was on his way back to prison, his request for a new trial denied and his family members feeling more jilted than ever.A 12-member jury convicted Allen Feb. 23 of capital murder for hiring two men to kill his wife, Jill Allen. The jury gave Allen life in prison with the possibility of parole, but after news reports of possible jury misconduct surfaced, Allen's attorneys filed a motion asking for a new trial.
After hearing oral arguments Tuesday, Judge Glen Dawson ruled the jury misconduct during Allen's trial did not have a "substantial adverse effect" on Allen.
"I find that there is no reasonable likelihood that the verdict would have been different," Dawson said.
Outside the courtroom, Allen's family maintained his innocence, saying they will challenge his conviction through the appeals process.
"Basically, we knew this was going to happen," Paul Allen's brother, Greg Allen, said of Dawson's ruling. "We pretty much knew it would be a political thing."
Much like Allen's three-week trial, there was considerable tension in the air as Allen's family members mingled in the courthouse before and after Tuesday's hearing.
Family members passed out fliers to the media saying Allen was wrongly accused and buttons with the words, "Justice for Paul and Jill."
Paul Allen's mother, Theresa Jacobson, was ejected from the courtroom before the hearing began, after she disobeyed a bailiff's order not to talk to Paul Allen as he sat at the defense table.
After the hearing, Allen's sister, Ashley Jacobson, confronted jury forewoman Jeanne Rackham as the two left the courthouse.
"He is innocent," Ashley Jacobson told Rackham. The tirade continued, forcing two bailiffs to escort Rackham to her car.
Jill Allen's family quietly shuffled out of the courthouse after Dawson's ruling.
"I'd like to put all of this -- and Paul Allen -- I'd like to put them someplace far, far away," said Jill Allen's mother, Andrea Myler. "It's an emotional war."
Serving on the jury was equally difficult for Rackham. She spoke briefly with Myler at Tuesday's hearing hoping to bring some closure to an emotion-charged case.
"I knew we came up with the right verdict," Rackham told reporters.
During his brief arguments in court, Allen's defense attorney, Brad Rich, argued otherwise. Rich said jurors disobeyed Dawson's order to avoid media accounts of the trial. In a signed statement, juror Trenton David said that during the trial a juror mentioned to other members of the jury that Allen's defense team had requested a mistrial. The request was made outside of the presence of the jury, after Camille Mauerhan, a former friend and co-worker of Allen's, testified Allen had retained an attorney following Jill's murder.
Several media later reported the mistrial motion.
Rich also said several jurors watched media reports during the trial.
"The cat is out of the bag," Rich said. "There's no putting him back in."
Deputy Davis County Attorney Carvel Harward argued the isolated cases of jury misconduct weren't enough to cause a "substantial adverse effect."
When the mistrial motion was brought up, other jurors quickly stopped the conversation, Harward said.
"It was timely, properly and effectively contained," Harward said. "It was not exploited by the jury. It was not discussed."
After hearing both arguments, Dawson retired to his chambers to review the case, and emerged with his decision eight minutes later.
Dawson said he watched the entire trial on videotape before Tuesday's hearing, paying special attention to Mauerhan's testimony and the subsequent mistrial motion. He also reviewed written motions submitted by both sides. Although he ruled there was some "impropriety" by one or two jurors, he did not find their actions merited a new trial.
"I resent what Mr. Rich said," Rackham said. "There was never an open discussion about Camille Mauerhan's statement whatsoever. I also resent the fact that he hinted the entire jury was involved in the misconduct.
"When we went in to deliberate we dealt strictly with the facts," Rackham added.
Rich declined comment as he left the courtroom.
You can reach Derek Jensen by e-mail at djensen@desnews.com