Juror Falls Asleep, Gets Kicked Out Of Florida Dismemberment-Murder Trial
By Zuri Anderson
April 21, 2021
A sleepy juror was kicked out of a trial focused on the grisly dismemberment death of a Florida woman, according to Law and Crime.
Prosecutors voiced concerns Tuesday (April 20) that Juror 16 missed testimony against the men accused of killing 33-year-old Nicole Montalvo. The judge also claims he spotted the juror fall asleep Monday afternoon (April 19). Reporters said an alternate person will replace the juror.
The state used testimony to show that 33-year-old Christopher Otero-Rivera, the victim's estranged husband, and his father 64-year-old Angel Luis Rivera murdered Montalvo to get full custody of their son, writers said. Authorities said the murder happened in October 2019, and deputies found the victim's dismembered remains on the Rivera property in St. Cloud, Florida.
State is asking to excuse juror #16. Prosecutor says he had his eyes closed for an extended period (10-15 secs). "The nature of these lapses leads us to believe he has missed significant testimony."@MyNews13 #News13Osceola #NicoleMontalvo #ChristopherOteroRivera #AngelRivera— Stephanie Bechara (@BecharaReports) April 19, 2021
Juror 16 is being dismissed by the judge this morning. The state asked yesterday that this juror be removed because they say he kept falling asleep. The judge kept an eye on the juror Monday afternoon and made the same observation. .@fox35orlando pic.twitter.com/JCdpDpX1cy— Holly Bristow FOX 35 (@FOX35Holly) April 20, 2021
"The medical examiner who performed the autopsy testified that some bone fragments seemed like they had gone through a wood chipper," Law and Crime wrote. "State’s evidence suggests Otero-Rivera’s ankle monitor places him at the scene."
Some jurors have gotten into some trouble before, such as a man convicted of attempted murder getting a ride home from one. Instead of a juror being in the hot seat, a judge was disciplined for telling the jury to acquit the defendant because God told him so.
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