Hearing set on juror's conduct in Zoloft trial
Lawyer: If he had been dismissed, Pittman would be free
CHARLESTON, South Carolina (CNN) -- A court hearing has been scheduled for Tuesday on whether a juror improperly spoke publicly about deliberations that led to the conviction of a boy who was 12 when he shot his grandparents to death.
The juror involved, Steven Platt, has denied the allegations, but trial judge Daniel Pieper scheduled the hearing for 10 a.m. Tuesday in county court in Charleston.
Defense attorney Andy Vickery filed a motion asking for a new trial for Christopher Pittman, now 15, on the grounds of juror misconduct. He said the bar conversation took place the night of February 14, after the jury had begun deliberating.
Jurors, who were not sequestered, had been released for the evening while still divided over a verdict. The trial judge had warned them repeatedly not to discuss the case outside court, especially once deliberations began.
Pittman was convicted the next day on two counts of murder in the shotgun slayings of his grandparents when he was 12. The defense had argued unsuccessfully that the prescription antidepressant Zoloft had clouded his mind and caused him to kill.
Pittman was sentenced to the minimum mandatory sentence, 30 years in prison.
Vickery said Platt talked to a newspaper reporter after the verdict about how he told another person at the bar that the jurors were split, apparently 9-3 for a conviction.
But Platt told CNN on Wednesday that he told a casual acquaintance that he was on the jury, nothing more. He said he did talk by phone with the reporter, Jason Cato of The Herald in Rock Hill, South Carolina, but does not recall telling Cato he had discussed the case outside of court.
Instead, Platt said he told the trial judge in a closed hearing late last week that he didn't say anything about either the trial proceedings or the jury split in the bar conversation he had with his acquaintance.
Vickery told CNN that Platt was called before Pieper this past Friday and was questioned, under oath, about the conversation. According to Vickery, Platt told the judge that when somebody at the bar had asked him about the trial, Platt responded, "Yeah, but I can't talk about it."
The conversation was said to have taken place at a bar called Buffalo South on James Island, across the Ashley River from downtown Charleston. CNN confirmed Platt works part-time as a weekend bartender there.
Cato did not respond to CNN's request for a comment. His editor at The Herald, Terry Plumb, said the paper would have no immediate comment.
The newspaper is the nearest daily newspaper to Chester, South Carolina, where the murders took place in late 2001. Cato covered the trial earlier this month in Charleston.
Vickery's motion said a lawyer for Cato's newspaper had refused to provide an affidavit from either the reporter or the paper, citing South Carolina law that protects journalists from having to reveal confidential sources. The defense suggested the judge himself call in Cato for questioning.
Vickery argued Platt would have been replaced as a juror had the judge been aware of any out-of-court conversations. He produced an affidavit from the first alternate juror, Roberta Diamond, who swore that, had she been seated on the jury, she would have held out for acquittal because she was unconvinced a 12-year-old could have the necessary criminal intent to justify a conviction.
Vickery provided his court motion and Diamond's affidavit to CNN.
Platt, 26, was the only juror to talk on-camera with reporters after the verdict was returned at midday February 15. He appeared on a number of television programs, including CNN's "Larry King Live."
In a news conference at the courthouse, he said the jury felt Zoloft had affected Pittman's behavior but did not cause him to kill his grandparents. Platt said the defense used Zoloft as a "smokescreen."
"Just because you take prescription medication doesn't mean you can't be held accountable for your actions," he said.
CNN's Jen Pifer and Jim Polk contributed to this report.
