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If You Snooze, You Lose.


After a juror was caught snoozing during a trial, a Cincinnati  judge declared a mistrial in the case of a man facing cocaine charges.

The prosecution and defense had completed opening statements and a prosecution witness had testified before there was a break in the trial.

A high school student attending the trial with his class asked the judge about the sleeping juror, who had been obscured from the judge's view by another juror in the front row.

The man on trial, James Toran, was told by Judge Robert Ruehlman of the Common Pleas Court that "You have a right to 12 jurors who are awake."

At the request of the defense, Ruehlman dismissed the jurors  and scheduled a new trial for June 5. Toran could be sentenced up to 21 years in prison if convicted of all charges, including cocaine possession and trafficking.

Toran was a passenger in a car pulled over by police last year. He jumped out and began shedding clothes and bags of cocaine, authorities allege. Police found $4,900, ammunition shell casings, a scale and drugs in the car.

Source: FindLaw.com, AP, "Sleeping Juror Leads to Mistrial," April 16, 2003.

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