JSonlineA 21-year-old Ashland County man convicted of car theft will get a new trial because the judge's mother served on the jury that found him guilty.
The Wisconsin Supreme Court Thursday reversed both an appellate court decision and the trial judge ruling that there was no legal basis for removing the judge's mother from the jury. .
Mark H. Tody Jr. was found guilty at trial in June 2006 of stealing a car four months earlier. Ashland County Circuit Judge Robert E. Eaton sentenced Tody to three years probation.
Tody's attorney had objected during jury selection to the presence of Eaton's mother. Eaton refused to strike his mother from the panel, saying he had no legal basis for removing her from the panel.
Thats pretty bad when your MOTHER is on the jury and you are still convicted.