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Dictionary Leads To Mistrial

Mistrial Declared After Jury Consults Dictionary

POSTED: Tuesday, March 3, 2009
UPDATED: 10:38 am EST March 4, 2009

A judge has declared a mistrial after the jury in the case of suspended Miramar Commissioner Fitzroy Salesman looked up the meaning of the word "imminent" in a dictionary during deliberations.

Salesman is charged with aggravated assault for an incident inside a Winn-Dixie store in November 2007.

Salesman and a teenager argued as Salesman ranted about the self-checkout lanes at the store not being open. Prosecutors said Salesman then pulled a gun on the teenager. Defense attorneys said the commissioner did so because he feared for his life.

A conviction in the case hinges on whether Salesman was in imminent danger at the time. Under the law, it would have been legal for Salesman to pull his weapon if an attack on him was imminent.

A juror brought a dictionary into the deliberation room to look up the word's meaning.

Juror John Fanning said it was an honest mistake.

"I didn't think anything would happen with the dictionary," Fanning said. "We weren't sure about the word. That was the whole thing."

In her closing argument on Monday, prosecutor Jeannette Camacho said Salesman walked away from the teenager, Lazavious Hudson, after the initial confrontation.

"It was over. It was finished. The next thing he knows, as everyone's walking out, he pulls a gun and puts it on Lazavious Hudson's side. Ladies and gentlemen, if he walks away, it's not imminent. There's nothing going on. He has time to think about it," Camacho said.

But Salesman claimed he was scared and thought he would be attacked in the parking lot if he did not show Hudson and his friend that he was ready to defend himself. Salesman's attorney plans to ask for a mistrial.

"They're supposed to follow the law as instructed by the court. They're not allowed to bring dictionaries or have anything that's not supposed to be in the jury room to come up with what the definition is and use that definition, which is not the legal definition, and apply it to the facts. I believe it's improper, and I believe that this case warrants a mistrial," said defense attorney Eric Schwartzreich.

Defense attorneys argued that the jury ignored the court's order to rely on the facts of the case to reach their decision, not the facts according to the dictionary. Schwartzreich said he would not use the delay to change his strategy in the case.

Prosecutors agreed to the mistrial rather than risk an appeal. Salesman supported it too, even though he is seeking re-election next week. He admits that the felony charge might scare away voters, but he cannot worry about a seat on the dais. Three years in state prison will be imminent if he is convicted.

"Whether I get elected on March 10 or not, you know, life goes on," Salesman said. "My freedom is more important than that, and I'm not going to sell myself short."

The attorneys will meet again on April 2 to begin the process for a new trial that month.

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