Drug trial ends in mistrial because of juror misconduct

A trial for a man accused of making methamphetamine ended in a mistrial earlier this week because a juror knew a witness, didn't tell the court and talked to the witness outside the courtroom during a break.

Assistant Linn County Attorney Jason Besler said he had no choice but to ask for a mistrial after a day and half into the trial, which started Monday for Tyson Kidd, 34, of Cedar Rapids, who is charged with prohibited acts and two counts of possession of precursors. According to a criminal complaint, he is accused of  manufacturing methamphetamine and possessing ingredients to make meth, including anhydrous ammonia and lithium.

A new trial date will be set next week.

Jurors are asked during jury selection if they know any of the witnesses in the case to prevent any bias for the state or a defendant. The goal of both sides is to have a fair and impartial jury.

In this case, the witness told the juror that they shouldn't speak and the county attorney victim/witness coordinator asked the juror not to speak to the witness but the juror disregarded the warnings, Besler said.

"I haven't seen anything like this," Besler said. "We had already used an alternate so there was nothing I could do at that point."

One juror had been excused the day before because the location of the alleged crime was in his neighborhood and he didn't feel comfortable being on the jury, so the only alternate took his place, Besler said.

Sixth Judicial District Judge Sean McPartland said this was a "rare" occurrence because usually most jurors are forthcoming about any knowledge they have about the case or any relationship they may have with possible witnesses.