Former Kansas Highway Patrol trooper Darrin Hirsh will not get a new trial based on potential juror misconduct or bias, District Judge Ron Svaty ruled Friday in Barton County District Court.
Hirsh’s attorney has requested either a judgment of acquittal or a new trial for Hirsh, who was found guilty of aggravated assault, criminal threat and domestic battery last year by a Barton County jury. The crimes, which were also ruled acts of domestic violence, were committed against his ex-wife Candice, in 2013 when they were still married.
Hirsh still seeks a new trial and a ruling on other motions from the defense will come on May 9, at his sentencing hearing.
However, Svaty heard arguments last Monday and his decision on one particular point was emailed to the Clerk of the District Court on Friday. He dismissed a motion to bring in four jurors and question them about potential misconduct or bias.
Defense attorney Sal Intagliata filed a motion alleging that since the trial, a male juror has stated that three female jurors talked about being victims of domestic violence and relied on their experience during deliberations. Intagliata noted that during jury selection he asked potential jurors to disclose any experience with domestic violence.
Assistant Attorney General Jessica Domme responded that there was no evidence that jurors failed to carry out their instructions. Nor was there evidence that they failed to sit as fair and impartial jurors.