Jury foreperson doesn't return to deliberations, judge declares mistrial

The trial of a Cedar Rapids man accused of attempted burglary was declared a mistrial Wednesday because the jury foreperson didn't show up for the second day of deliberations.

Darrell Bolden, 52, was on trial for second-degree attempted burglary and as a habitual offender. He is accused of attempting to break into a woman's home in August 2012 and was found at the house when police arrive within minutes of 911 call, according to criminal complaint.

Linn County Attorney Jerry Vander Sanden said all the jurors, except the foreperson, returned to continue deliberations 9 a.m. Wednesday. A court clerk called the phone number given by foreperson but couldn't reach her. The court then sent sheriff's deputies to her address but they discovered she hadn't lived there for some time.

"The jurors waited from 9 a.m. to noon, while we were checking on all this," Vander Sanden said. "Then when we were making a record on what happened and the judge decided to declare a mistrial, the clerk's office received a call from the juror saying she had overslept and she was on her way to the courthouse."

Vander Sanden said they couldn't call one of the alternates to take the foreperson's place because Bolden wouldn't agree to it and according to the rule, the defendant must agree to the alternate if deliberations have already begun. Sixth Judicial District Judge Sean McPartland had no other option at that point, he said.

McPartland set a show cause hearing regarding contempt Aug. 30, for former foreperson Christie Arnold, according to an order filed Wednesday. At that time, McPartland will decide whether to hold her in contempt of court for not returning to deliberations.

Vander Sanden said he hasn't seen a juror do this in his 30 years with the Linn County Attorney's Office.

"This is rare," Vander Sanden said. "Jurors usually take their civic responsibility seriously."

Bolden will be retried but a new trial date hasn't been set. If convicted on the charges, he faces up to 15 years in prison.

Bolden was convicted for his ninth residential burglary in May, which is his 15th overall conviction.