Lawyers for Joyce Hardin Garrard this morning asked that the judge declare a mistrial because of what they said was misconduct on the part of four members of the jury.
Attorney Dani Bone described the misconduct as “broad” and “rampant” and said and it rates dismissing the case with prejudice.
Etowah County District Attorney Jimmie Harp said in court he has not seen anything substantial to rate dismissal.
Bone said he can provide evidence of the juror misconduct. Judge Willliam “Billy” Ogletree moved the discussion out of the courtroom to use the jurors’ names.
An Etowah County jury found Garrard guilty last Friday of capital murder in the 2012 death of her 9-year-old granddaughter Savannah Hardin. The jury will recommend to Ogletree whether Garrard should be executed or spend the rest of her life in prison.
On Monday, prosecutors presented three witnesses in their portion of the penalty phase, including testimony from Savannah’s biological mother, Heather Walker.