For the love of chocolate cock
A chocolate cock may result in a mistrial of a very serious case.
In 1989, Marcus Wellons was charged and convicted of the abduction, rape and murder of a 15-year-old girl. For two weeks the 12 jurors and two alternates were sequestered at a local hotel, and they eventually sentenced Wellons to death.
Now the Supreme Court is involved. However, their review of the case has nothing to do with the actual decision or the case itself. They are looking into whether the gift of a chocolate penis (given to the judge) and a gift of chocolate breasts (given to the bailiff) should result in a new trial.
"From beginning to end, judicial proceedings conducted for the purpose of deciding whether a defendant shall be put to death must be conducted with dignity and respect," wrote the Supreme Court when accepting to review the case. "The disturbing facts of this case raise serious questions concerning the conduct of the trial."
An investigation into the case in 1997 found that juror Mary Jo Hooper had asked a friend to get some candy from a local store for her to share with her jurors. The friend returned with a white chocolate penis as a joke. Hooper claimed she was planning to throw it out, but the judge asked for her to hold onto it until after the trial and then let her have it.
Judge Staley called the supreme Court's decision "elitist and superior."
"Juries have the 'common sense of the ordinary man,'" she argued. "Though they may be a 'little crude' on occasion, 'does that mean they weren’t honest in their work?"
The Eleventh Circuit panel will now investigate and rule on the issue on behalf of the Supreme Court.
Choco-Cock Leads to Stay of Execution [GayVN]
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