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Juror booted from trial after Facebook post
Posted: 03.28.2012 at 11:32 AM
Updated: 03.29.2012 at 6:20 AM
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Joshua Carrier  / FOX21: file photo
Photo

COLORADO SPRINGS, COLO. -- A juror on the trial for Joshua Carrier has been dismissed after attorneys learned she had posted messages about the trial on Facebook.

Defense attorney Josh Tolini said another attorney's wife is friends with "Juror 15" on Facebook and told her husband, who then told Tolini, about posts she saw.

Jurors are forbidden to discuss anything about trials they are on until after a verdict is reached.

Juror 15, who's name cannot be released until after the trial, was called to the jury box alone Wednesday morning prior to the start of the ninth day of the trial

Tolini told Judge David Gilbert about the posts. She initially denied the accusation, but when Gilbert pressed her further, she said, "Oh, I know what you're talking about."

More on the Carrier trial
Boys defend Carrier 
Coach: "I never touched kids" 
Wrestling coach testifies 
Dad who warned cops testifies 
Alleged victims take the stand 
Man saw officer touch boys 
Jury sees disturbing video 
Josh Carrier trial underway 

Tolini and prosecuting attorneys requested dismissal. Gilbert thanked her for her service but ordered her not to speak with the media. He then reminded the remaining jurors about the rules of posting to social media.

The dismissal did not result in a mistrial, and the woman was not penalized further.

An attorney not involved in the Carrier trial said the juror's actions could be grounds for a mistrial, but that is unlikely.

"If they don't have enough jurors, then yes, it would be a mistrial," Dan Macinnis said. "But I think they have a sufficient amount of alternates to cover the one juror who violated the court order."

In addition to the 12-member jury, four alternate jurors were selected for this case, which means 15 remain.

Carrier is on trial after pleading not guilty to more than 200 criminal charges, including allegedly sexually assaulting more than a dozen boys on the Horace Mann Middle School wrestling team while serving as a volunteer coach in 2010-2011.

He is also a former Colorado Springs Police officer.

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