IN RE MATTER OF STOELTING, 90-868-CR.

• Decision Date: 12 February 1992
• Docket Number: No. 90-868-CR.,90-868-CR.
• Parties: In re the Matter of Jill R. STOELTING. This contempt proceeding arose in the following case: UNITED STATES of America, Plaintiff, v. Yahweh Ben YAHWEH, et al., Defendants.
• Court: U.S. District Court — Southern District of Florida

784 F. Supp. 886

In re the Matter of Jill R. STOELTING This contempt proceeding arose in the following case UNITED STATES of America, Plaintiff, v. Yahweh Ben YAHWEH, et al., Defendants.

No. 90-868-CR.

United States District Court, S.D. Florida.

February 12, 1992.

ORDER OF CRIMINAL CONTEMPT

ROETTGER, Chief Judge.

THIS CAUSE is before the Court SUA SPONTE.

This Court began jury selection in the above styled case on January 2, 1992. On that day, members of the venire were instructed by this Court to avoid anything in the news media pertaining to this case. This instruction was repeated on Friday, January 3, 1992. On these dates, jurors were also instructed not to discuss the case with anyone. On Monday, January 6, 1992, the name of prospective juror, Jill R. Stoelting, was drawn. She stated at side bar, somewhat snippishly, that during the previous evening she had viewed a story in the news media; additionally, she stated that not only had she formed an opinion concerning the case, but also she had expressed her opinion and bias to one other member of the jury panel—after this Court's instructions to the contrary.

Based on the foregoing facts, the Court concludes that the actions by prospective juror, Jill Stoelting, were in direct disobedience of the lawful orders of the Court. After learning with whom on the panel she had spoken, the Court held her in contempt and so advised Ms. Stoelting at the side bar. The contempt was committed in the actual presence of the Court and requires summary disposition under Rule 42(a) of the Federal Rules of Criminal Procedure. In re Jackson, 592 F.Supp. 149 (S.D.Fla. 1984), aff'd United States v. Baldwin, 770 F.2d 1550 (11th Cir.1985), cert. den. Jackson v. United States, 475 U.S. 1120, 106 S.Ct. 1636, 90 L.Ed.2d 182 (1986).

Ms. Stoelting's actions could have had serious ramifications. A special jury panel with 128 attendees was summoned for this case because of the nature of this R.I.C.O. case charging the leader and fifteen members of a religious group with 16 murders — including means of execution such as beheading, arson of a neighborhood, and extortion; it had received extensive news media coverage, nationally as well as locally. If she had expressed her views of bias to a larger number of prospective jurors, this Court would likely have had no recourse but to start the jury selection process again with a new panel. This would have resulted in at least a two months delay of the trial. Although this result...