Chief Deputy D.A. Dan Rubenstein, lead county DA pursuing Blagg juror (Photo Credit: CO Bar Assoc.)
If you need verification of the extent to which former juror Marilyn Charlesworth is being hung out to dry as a result of her service eleven years ago on the Blagg jury, look no further than how the District Attorney’s office handled another recent case of juror misconduct that also led to a new trial for the defendant.
To recap, Charlesworth currently has the distinction of being the most abused juror in modern U.S. history. Over the past eleven years, convicted murderer Michael Blagg’s defense team has forced her to defend herself against a number of allegations, including that while serving as a juror she withheld information from the Court about the extent of a vision problem, about a specific medication she was allegedly prescribed and, most recently, about whether she experienced an incident of domestic violence over two decades ago. The Mesa County DA has now filed contempt charges against her, is currently threatening her with 30 days in jail and fees in excess of $45,000, nominally to pay for Blagg’s first trial. That figure includes witness travel fees, hotel expenses, expert witness fees, subpoena service, the cost of transcripts for further hearings and additional costs not yet specified. Over the eleven years since Blagg’s first trial, the Court has made public Charlesworth’s medical, employment, DMV and IRS tax records and information from them has been published in the local paper, all without her consent. The Grand Junction Daily Sentinel now routinely features her name in articles about the Blagg case. Charlesworth and her husband now face thousands of dollars in legal bills for her defense from the two-pronged legal onslaught by Blagg’s defense team the Mesa County District Attorney’s office.
Contrast this with how the same D.A.’s office handled a second case of a juror accused of the exact same charge — misconduct — in another recent case, and whose actions resulted in a convicted defendant, a child molester, getting a new trial.
Different Cases, Same Charge
In 2010, Rodney Eddy, a former resident of Mesa and deacon at Mesa View Bible Church, was convicted of multiple felony counts of sexual assault on a teenage girl. A jury found him guilty on four counts each of sexual assault on a child by a person in a position of trust.
Rodney Eddy, who is going for a third trial — the juror accused of misconduct in Eddy’s case suffered no consequences for intentionally lying on a juror questionnaire
Eddy, now 73 years old, had two trials. The first ended in February, 2010, after jurors deadlocked on the charges against him. His next trial came six months later, in August of 2010. In that trial, jurors convicted Eddy of four counts of sexual assault on a child by a person in a position of trust and four more counts for a pattern of abuse. He was acquitted of eight additional charges and sentenced to 16 years to life in prison.
Fast-forward to February, 2015, when the Court awarded Eddy a third trial, this time due to juror misconduct.
In a screening questionnaire given to jurors before Eddy’s second trial, one unidentified juror answered “no” to the question of whether he or any of his family members had ever been a victim of sexual abuse. He later confessed that he had, in fact, been sexually abused by a priest in Grand Junction in 1965, at age 12. He told investigators that he had lied on his questionnaire to get on the jury after he learned sexual abuse allegations were central to Eddy’s case. He told investigators he was seeking “payback” for the wrongs allegedly committed against him by the priest when he was a child.
