Is there any evidence that a jury discussed defendant's failure to testify during their deliberations?

California, United States of America


The following excerpt is from The PEOPLE v. FUNES, G041871, No. 08CF0698 (Cal. App. 2010):

Further, there is no evidence the jurors discussed defendant's failure to testify or relied on it as evidence of guilt. Counsel's declaration that the jurors "seemed preoccupied" with defendant's lack of testimony or "suggested" the jurors had discussed it is highly speculative, as demonstrated by use of the words "seemed" and "suggested." Even in his brief defendant argued his trial counsel "got the impression from watching the interaction between the jurors that they may have discussed defendant's not testifying during deliberations." (Italics added.) Such speculation will not support a finding of good cause. (People v. Wilson, supra, 43 Cal.App.4th at p. 852.)

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