Attorney Spencer Kuvin is laying the groundwork for a new trial based on
jurors who used social media during his first trial – and explains
why we as a public should be seriously concerned about this proliferating issue.
WEST PALM BEACH, FL – 6/3/14 –
Attorney Spencer Kuvin will appear before Judge Janis Keyser tomorrow morning at 8:45 A.M. to
present evidence of at least two Jurors who were using social media during
his client's trial, which concluded last month. He will ask the Judge
to grant his motion to interview all six Jurors about the evidence he
has found. This is the first step in securing a new trial for reasons
of Jury misconduct.
The most glaring of the social media posts, which Mr. Kuvin will present
during oral argument tomorrow:
taking a nap" – Tweeted during opening arguments in trial
I wish I wasn't a U.S. Citizen right now…I could give two [explicit]
about jury duty"
Everyone is so money hungry" – Tweeted prior to closing arguments
In all, Mr. Kuvin is presenting 25 Tweets or Facebook messages disseminated
by two Jurors before or during Jury selection and trial, despite several
explicit warnings by the Judge to resist the temptation of using social
media while serving as a Juror, and new Florida Juror Instructions which
clearly and plainly state the prohibition. Screenshots of each of the
Tweets are included in Mr. Kuvin's motion, which we have made public here:
Mr. Kuvin explained to WPTV reporter Meghan McRoberts yesterday why he
is working towards securing a new trial. "If they're tweeting
and on their phone during a trial, how can they pay attention to the evidence
that's being heard?" said Mr. Kuvin. "I think it's a
sad commentary on how people actually see their service, their important
service to this country."
Also on Monday, The Palm Beach Post ran a front-cover story about a Boca
Raton who was lead out of Judge Jack Cox's courtroom in handcuffs
following a contempt of court charge for posting comments on Facebook
while serving as a juror for a case that took place just a week before
Mr. Kuvin's trial, in the courtroom next door to his.
Mr. Kuvin says that the compulsive use of social media is a social norm
we as a society are still getting used to, but now that it is starting
to spill over into the courtroom, the issue has much bigger, much more
far-reaching complications and implications. And this isn't a problem
befalling only attorneys and their clients, the Judge, the Officers and
staff of the Court, or Jurors who were following the rules and performing
their duties – it's an issue of concern for any Palm Beach County taxpayer.
"An allocation of our County taxes of course goes to keeping the Court
system functioning, and the resources the privilege of our unique system
requires is tremendous, not only in real dollar figures, but in time and
effort. If the Judge has to bring a case that has already been through
verdict back to life because one, or in this case, astonishingly, two
Jurors directly disobeyed Court orders by using social media during the
trial, that's a burden we collectively bear", Mr. Kuvin explained.
"This is extremely frustrating for all of us, and it should be for
Mr. Kuvin will be available for comment sometime between 8:45 A.M. and
9:30 A.M. outside courtroom 10A, following the hearing with Judge Janis
Keyser tomorrow, Wednesday, June 4
Call Tom Copeland, Marketing Director for the Law Offices of Craig Goldenfarb,
to coordinate an interview at (561) 860-3231, or email him at TCopeland@800GOLDLAW.com.
The Law Offices of Craig Goldenfarb, P.A. is one of Palm Beach County's
biggest personal injury law firms. More information can be found at www.800GOLDLAW.com.