Jurors received sealed exhibits on key witness timing
Lewis and Clark County District Judge Christopher Abbott vacated the Tuesday guilty verdict against former Montana Senate President Jason Ellsworth from the bench Wednesday afternoon, acting after learning Wednesday morning that jurors deliberating in the misdemeanor trial had inadvertently received sealed exhibits from court staff.
The exhibits involved the scheduling of potential key witness Bryce Eggleston, according to Abbott. The judge said the documents had been placed in the trial record under seal during jury selection on the first day of trial for appellate purposes but were never formally admitted as evidence and should not have been in the jury room.
“It’s possible there were exhibits that were sent to the jury room that weren’t supposed to be there,” Abbott said, according to the Associated Press. “As the parties recall, (the exhibits) were essentially put into the record for appellate purposes under seal on the first day of trial during jury selection, were included with the exhibits, but legally were not admitted as evidence and would not normally be relevant.”
The Tuesday verdict in Helena had found Ellsworth, a former state Senate president, guilty of misdemeanor official misconduct. Abbott ordered a new trial to take place later this year. The reversal means Ellsworth returns to court without a conviction on the record.
MSI previously reported that Ellsworth had been convicted of official misconduct for awarding no-bid contracts to a firm represented by a longtime business associate.