Juror's Gaffe Delays Newport Retiree's Murder Sentencing

NEWPORT BEACH, CA — The expected sentencing for a man convicted of killing a Newport Beach retiree in 1981 has been put off until November following a hearing on allegations an alternate juror discussed details of the case in public outside of deliberations, a prosecutor said Monday. This is the third conviction

An alternate juror came to court Friday to answer whether she discussed the case against James Andrew Melton, 65, but she said she did not recall doing so, according to court records.

Orange County Superior Court Judge Gregg Prickett then moved to invite another alternate juror to court to see if she was the one overheard discussing the case in public, according to court records.

Senior Deputy District Attorney Steve McGreevy said it appears the wrong alternate juror was invited to court to see if she was the one discussing the case in public.

An alternate juror was overhead talking about the case while it was mid- trial in May at a nail salon in Fountain Valley, according to court records. A clerk in the Orange County Superior Court in Westminster overhead the conversation and passed on the violation to the presiding judge.

The alternate juror complained at the nail salon in the conversation that she tried to talk about the case with her husband, and he told her to stop.

Jurors are not allowed to discuss a case with anyone until the trial is over. They must not discuss the case either with other jurors until deliberations begin.
At the scheduled Sept. 29 hearing, Prickett will have the woman relay what, if anything, she discussed with fellow jurors before deliberations.

The alternate juror was never part of the deliberations.

Melton's sentencing has been set for Nov. 17.

He was convicted in May of first-degree murder and burglary with special circumstance allegations of killing during a burglary and robbery, according to McGreevy. Prickett has denied Melton's request to question other jurors, McGreevy said.

Melton was convicted in 1982 of the October 1981 robbery-murder of Anthony DeSousa, but a federal judge overturned that verdict in January 2007. A retrial in May 2014 ended with jurors deadlocked 10-2 in favor of conviction.

Melton faces life in prison without the possibility of parole.

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