Juror charged with perjury in Cape drug case

Prosecutors have filed perjury charges against a 45-year-old Cape Girardeau man for failing to disclose he was allegedly biased against police when he was chosen as a juror in a felony drug trial, court records show.

A preliminary hearing for Verdist Poindexter is scheduled for 1 p.m. Wednesday in Jackson.

Poindexter was chosen as a juror in the January trial for Charles Anthony Robinson, who was accused of trafficking crack cocaine, court records show. Jurors were out for less than half an hour at the conclusion of the case before the trial ended because of a hung jury, Robinson's attorney Steve Wilson said.

During jury selection, potential jurors were asked while under oath to raise their hands if they had issues with police officers, such as not trusting them, the probable-cause statement said.

"Verdist Poindexter, who was in the pool, did not raise his hands nor did he say anything," the statement said.

"While Steve Wilson was questioning the jurors, he asked the jury pool if anyone wanted to be on the jury. Poindexter raised his hand and said he wanted to be on the jury. Mr. Wilson asked Mr. Poindexter if he was sure and Poindexter replied that he was sure," the statement said.

During jury deliberations at the end of the trial, Poin­dexter told other jurors "that he did not trust the police, especially the 'Cape cops' and that he would vote 'not guilty' no matter what," the statement said.

The statement said Poin­dexter had made up his mind about how he would find in the case before the trial started. It said other jurors demanded Poindexter explain why he volunteered to be on the jury and why he did not tell lawyers and the judge that he was biased against police.

The 11 other jurors told the judge about the deadlock and the judge declared a mistrial. The case is scheduled to be re-tried in June.

Prosecutors filed the perjury charges against Poindexter in February.

"As best I can tell, they're charging him on perjury by omission," said Pat McMena­min, Poindexter's attorney.

McMenamin said deliberations in the jury room aren't recorded, and other jurors from the Robinson trial will be called to testify to what occurred there.

"If you ever want to put a chill in somebody who is potentially serving on a jury, tell them they face a felony if they don't answer a question right," said Wilson, the attorney in the drug case. "They're trying to show you committed a crime by not speaking. That is not right."

Cape Girardeau County Prosecuting Attorney Morley Swingle said he wouldn't comment on a current case.

jgamm@semissourian.com

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