Talkative Juror Delays Start Of Ex-Salem Cop's Trial

SALEM, MA -- Opening arguments that were expected to have been heard Monday in the case of a former Salem Police officer were delayed to Thursday because of difficulties in seating a jury. One of 10 jurors selected in Tuesday's session violated a judge's order to not talk about the case, causing a delay. Brian Butler, 56,who is married to Salem Police Chief Mary Butler, is accused of rape and indecent assault and battery.

The juror was removed after she was overheard discussing the case with other jurors. The juror was apparently confused because she misunderstood the wording of the charge for indecent assault and battery of a person over the age of 14, thinking that the case involved a minor. Butler's attorneys immediately asked for the entire jury pool to be removed, but that request was denied.

Two other potential jurors were dismissed Wednesday after telling the judge they believe police officers should be held to higher standards. The 12-person jury was fully seated Wednesday, and opening arguments will now begin on Thursday.

Defense attorneys plan to argue that the sex in the booking room of the Salem Police Department on Halloween morning in 2016 was consensual. Butler's alleged victim was being held in protective custody. He was naked in a holding cell with only a blanket and felt powerless to refuse the officer's advances. "What else could I do?" the victim told investigators. "I was in fear because he was a police officer."

Subscribe to Salem Patch for more local news and real-time alerts.

Photo by corgarashu/Shutterstock.com.

Dave Copeland can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).