Can a juror make a "death threat" during deliberations?

In People v. Keenan (1988) 46 Cal.3d 478, 540, 250 Cal.Rptr. 550, 758 P.2d 1081, it was alleged in support of a motion for new trial that, during deliberations, a juror had confronted the lone holdout juror, an elderly woman, stating: "If you make this all for nothing, if you say we sat here for nothing, I'll kill you and there'll be another

[106 Cal.Rptr.2d 321]

defendant out thereit'll be me." We concluded, as a matter of law, that this incident did not amount to prejudicial misconduct impeaching the verdict, stating that, although the "outburst ... was particularly harsh and inappropriate, ... no reasonable juror could have taken it literally." (Id. at p. 541, 250 Cal.Rptr. 550, 758 P.2d 1081.) Recognizing that "`[j]urors may be expected to disagree during deliberations, even at times in heated fashion,'" we concluded that "the alleged `death threat' was but an expression of frustration, temper, and strong conviction against the contrary views of another panelist." (Ibid.) We added: "Thus, `[t]o permit inquiry as to the validity of a verdict based upon the demeanor, eccentricities or personalities of individual jurors would deprive the jury room of its inherent quality of free expression.' [Citation.]" (Ibid.)

[106 Cal.Rptr.2d 321]