A single holdout prevented a Lane County jury from reaching a unanimous verdict required to convict a Springfield woman of murdering a newborn child, one of the jurors said during an interview with The Register-Guard.
Eleven of the 12 jurors asked to decide whether Angelica Swartout fatally smothered a baby determined following a trial earlier this month that
prosecutors proved the woman is guilty of murder, said the juror, who spoke on condition of anonymity.
Evidence supporting an allegation that the 24-year-old Swartout killed her son “was overwhelming,” the juror said.
But one panelist apparently didn’t think so — although the juror who spoke with the newspaper said
the lone holdout was unable to explain exactly why he felt Swartout should be acquitted.
“He couldn’t really come up with a good reason,” the juror said. “He basically said at the end, ‘I can’t convict anyone.’”
After it became clear the man would not be pressured into changing his mind, the jury informed Lane County Circuit Judge Suzanne Chanti that it could not reach a verdict following four full days of deliberations, according to the juror who agreed to be interviewed.
Chanti subsequently declared a mistrial and announced a second murder trial for Swartout would begin April 16.
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A conviction would have required a unanimous vote of the 12-member panel, while an acquittal required 10 to find her not guilty.
The eight women and four men who comprised the jury were not identified by name in court.
Chanti told jurors after declaring the mistrial that they were free to talk to anyone about the case. A second juror contacted by the newspaper declined to discuss the panel’s deliberations.
The juror who did speak with the newspaper said the jury took an initial vote upon convening behind closed doors following the trial.
They voted anonymously, using blank slips of paper as ballots. The juror said he and one other person voted in favor of finding Swartout guilty, while “two or three others” cast votes of not guilty. The other seven or eight panelists indicated they had not yet come to a conclusion, the juror said.
The jury spent the rest of that afternoon and all of the next day — Friday, Feb. 3 — reviewing their notes, discussing the credibility of witness testimony and evaluating evidence offered by both sides, the juror said.
The evidence included a two-hour videotape on which the hotel clerk confessed to a Springfield police detective that she had suffocated her newborn son while at work on Oct. 18, 2010.
“We analyzed that confession pretty well,” the juror said.
Her defense attorneys have contended that Swartout falsely confessed at the suggestion of police, and that she faked a pregnancy and stillbirth to gain attention and support from her large adoptive family.
While the confession was a central part of the prosecution’s case, the juror who spoke with the newspaper said “it was the totality of” the evidence that led him to conclude that Swartout was guilty.
The juror said he believed the testimony of a coworker of Swartout’s who said she had found blood in an employee bathroom when she came to work the night of the alleged murder. Shirley Hogan said she asked Swartout about the blood, and the clerk said she’d had a miscarriage. Hogan, who said she’d seen no indication that Swartout was pregnant, also reported finding “fresh-looking blood” on sheets in a laundry bin.
Hogan “had nothing to gain from this thing,” the juror said in explaining why he accepted her testimony as true.
The juror said he generally found the prosecution’s witnesses — from a doctor who examined Swartout and testified that it was more likely than not that Swartout had delivered a baby, to family members who said they believed she was pregnant — to be more credible than those offered by defense attorneys. Doctors who testified for the defense said they suspected Swartout had not delivered a full-term baby, and several people close to the woman said she did not appear to be in advanced pregnancy at a summer 2010 baby shower in her honor.
The jury returned for further deliberations on Monday, Feb. 6. At some point that day, they took a second anonymous vote by paper, according to the juror who agreed to be interviewed.
The vote: 11-to-1 in favor of convicting Swartout of aggravated murder, the juror said.
After the holdout’s identity became known, the majority began questioning him about his point of view.
“We just wanted to know what was the deal,” the juror said.
The juror said tha
t panelists who disagreed with the man “didn’t get too heated with him, but people were being pretty blunt because they were disappointed and upset about it.”
The juror said he and the others finally concluded — two days later, on Wednesday, Feb. 8 — that the man would not change his mind and join them in voting to convict Swartout.
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Although he remains convinced Swartout is guilty, the juror who spoke with the newspaper said he understands how someone could have trouble convicting a person of a “horrific” murder.
“There is a psychological burden that comes along with it,” the juror said. “I don’t think anyone wants to say someone’s guilty (in a case such as Swartout’s), because I don’t think a good person wants to believe that someone is capable of doing that to a baby.”
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