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Here’s What The Lead Roger Stone Juror Wrote In Her Jury Questionnaire

  • The lead juror at Roger Stone’s trial said in a written questionnaire that she was “not sure” whether she posted online about the Russia investigation, though her Twitter feed shows that she posted multiple stories about the probe.
  • Tomeka Hart’s responses on the jury questionnaire, a portion of which was obtained by the DCNF, are at the heart of Stone’s request for a retrial. Stone was sentenced to 40 months in prison last week.
  • Stone alleges that Hart, a former Democratic congressional candidate, withheld information during the jury selection process regarding her views of Stone and President Trump. 

The lead juror at Roger Stone’s trial said in a written questionnaire for prospective jurors that she was “not sure” whether she posted online about the Russia investigation or Stone, and that she “may have shared an article” on social media on the topics, according to a portion of the document reviewed by the Daily Caller News Foundation.

But Tomeka Hart’s Twitter feed shows that she indeed posted multiple times about the Russia probe and at least once about Stone, who was sentenced on Thursday to 40 months in prison in a case that stemmed from the special counsel’s investigation.

Stone’s lawyers filed a motion on Feb. 14 alleging that Hart’s social media activity shows that she was biased against President Trump and Stone. Trump also criticized Hart during a press conference after Stone was sentenced.

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Trump called Hart an “anti-Trump activist,” and suggested that she “tainted” Stone’s jury.

Hart, who ran for Congress as a Democrat in 2012, commented negatively about Trump on Twitter and circulated news stories about the Russia probe. In one Aug. 2, 2019 post, she called all of Trump’s supporters racist.

Stone, 67, has been one of Trump’s most longstanding supporters, and is sometimes credited with convincing the real estate mogul to run for president.

Judge Amy Berman Jackson, who presided over Stone’s case, said last Tuesday that she would decide after Stone’s sentencing whether to grant a retrial. Jackson did not comment directly on reports about Hart during Stone’s sentencing on Thursday, but did say that the jury in Stone’s case acted with “integrity.”

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Jackson on Sunday rejected Stone’s request, filed Friday, that she recuse herself from the retrial decision because of her praise of the jury. Stone is arguing that Hart gave misleading answers during the jury selection process.

Jackson’s rulings suggest that Stone faces an uphill battle in getting a retrial granted. And judges are generally reluctant to toss out a jury’s verdict without strong evidence of jury or prosecutorial misconduct.

In order for a retrial to be granted, Stone will have to convince Jackson that he has met two requirements for a retrial set by the Supreme Court, according to Leslie McAdoo Gordon, a criminal defense and security clearance attorney who practices in Washington, D.C.

The Supreme Court requires defendants to show that a juror provided materially false information, and that the information, had it been known, would have been a valid basis for a request to strike the juror from the jury pool.

McAdoo Gordon said that Hart’s responses on her written jury questionnaire paired with her answers verbal interview during a process known as voir dire are enough to warrant a retrial.

“I think he could satisfy the Supreme Court’s test for requesting a new trial,” McAdoo Gordon told The DCNF.

She said that it appeared that Hart downplayed her awareness of the Russia probe in her written questionnaire. That alone would not be enough to merit a retrial, McAdoo Gordon said.

But Hart’s comments about Trump supporters and her failure to disclose those views during voir dire are enough to satisfy the Supreme Court’s requirement, according to the lawyer.

“If that information had been presented to the judge that she thought all supporters of the president were racist, the judge would have excluded her,” McAdoo Gordon said.

“She minimized her answers to the voir dire and she was not honest in answering that question about whether she could be impartial.”

Hart came under scrutiny earlier this month after she revealed herself to have been the foreperson on Stone’s jury in a social media post in which she defended four prosecutors who withdrew from the case in protest over a sentencing recommendation.

Right-wing blogger Michael Cernovich tracked down some of Hart’s social media posts which showed that she was highly critical of President Trump and his supporters.

Trump weighed in on Stone’s sentence on Thursday, and said that he will decide on whether to pardon Stone after Jackson rules on whether to have another trial.

“I want the process to play out,” Trump said at a press conference in Las Vegas. “I think that’s the best thing to do, because I’d love to see Roger exonerated, and I’d love to see it happen because I personally think he was treated very unfairly.”

In one Aug. 19, 2017 post, Hart referred to Trump as the “#KlanPresident,” an apparent reference to the Ku Klux Klan.

“Co-signing and defending a racist and his racist rhetoric makes you racist. Point blank,” she wrote on Aug. 2, 2019.

The DCNF obtained one page of Hart’s written jury questionnaire on the condition that the document not be published in full.

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