State bill advances to allow new jurors in sentencings

RICHMOND

In 2010, more than one in 10 criminal jury trials in Hampton Roads ended in a mistrial, according to an analysis of state Supreme Court data by The Virginian-Pilot. When that happens, it costs taxpayers and puts additional hardship on victims, Kristina Robinson, an assistant commonwealth's attorney for Prince William County, said Monday.

A bill that advanced Monday through the House's subcommittee on criminal courts aims to curtail that problem. The bill by Del. Greg Habeeb, R-Salem, would allow a new panel of jurors to sentence a defendant if the original panel cannot reach a decision.

While that doesn't happen often, it occurred a handful of times in her county last year, Robinson said. Retrying the case is expensive for the state and taxing for victims, she said.

One resident spoke in opposition to the bill, saying jurors who didn't sit through the trial and listen to all the testimony won't be able to fairly sentence a defendant. But proponents said prosecutors and the defendant's attorney can brief the new jury on the trial and call witnesses to testify again.

If prosecutors, the judge and the defendant agree, the bill says the judge may also hand down the sentence.