Napolitano says Stone is “absolutely entitled” to a new trial over jury foreperson


A mistrial should be declared in the case of Roger Stone. The jury was not impartial and it was not a jury of Stone’s peers.

For what it’s worth, Judge Andrew Napolitano said Stone is “absolutely entitled” to a new trial in light of the revelations of “inherent bias from a jury member.

“He is absolutely entitled to a new trial with a member of the jury making these types of revelations about the politics involved in the decisions to prosecute him,” Napolitano told “Fox & Friends” Thursday.

“I presided over 150 jury trials and most were criminal,” the former New Jersey Superior Court judge said.

“It is the duty of the judge to ensure that both the government and the defendant get a fair trial and if the judge discovers afterward that there was a built-in inherent bias on the part of a member of a jury against the defendant, that is an automatic trigger for a new trial,” Napolitano explained.

The Sixth Amendment demands an “impartial” jury. The Amendment reads:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”


Former Memphis City Schools Board President Tomeka Hart, who ran for Congress as a Democrat in 2012, announced on Wednesday that she was the foreperson of the jury that convicted Roger Stone.

Her Democrat activist tweets emerged soon afterward. She appears to hate the President.

Hart posted about the Stone case before she was selected to sit on the jury. She retweeted someone mocking those who thought Stone’s arrest in a predawn raid by a federal tactical team to be excessive force.

She suggested President Trump and his supporters are racist and praised the investigation conducted by Special Counsel Robert Mueller.

Hart couldn’t be silent any longer, she wrote on Twitter after the four prosecutors on the case resigned. She ran to the defense of the Mueller-tied prosecutors.

“I want to stand up for Aaron Zelinsky, Adam Jed, Michael Marando, and Jonathan Kravis — the prosecutors on the Roger Stone trial,” Hart wrote in the post. “It pains me to see the DOJ now interfere with the hard work of the prosecutors. They acted with the utmost intelligence, integrity, and respect for our system of justice.”

“As foreperson [of the jury], I made sure we went through every element, of every charge, matching the evidence presented in the case that led us to return a conviction of guilty on all 7 counts.”

Other tweets reported by independent journalist Mike Cernovich showed her extreme political bias. At one point, she claimed Trump was KKK.


The judge in Stone’s case is Obama judge Amy Berman Jackson.

“At the beginning of jury selection, U.S. District Court Judge Amy Berman Jackson, who took a hard stand against Paul Manafort, said that she would not remove potential jurors solely on the basis that they work for the federal government or because of their views of Trump,” the Daily Caller reported.

It has also emerged that U.S. District Judge Amy Berman Jackson had denied a defense request to strike a potential juror who was Obama-era press official with admitted anti-Trump views — and whose husband worked at the same Justice Department division that handled the probe leading to Stone’s arrest.

And, another Stone juror, Seth Cousins, donated to former Democratic presidential candidate Beto O’Rourke and other progressive causes, federal election records reviewed by Fox News and The Daily Caller.

Correction: We changed the title to put Andrew Napolitano’s comments in the headline.

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