New trial denied for Tracie Hunter - Cincinnati News, FOX19-WXIX TV

New trial denied for Tracie Hunter

CINCINNATI, OH (FOX19) - A Hamilton County Common Pleas Court judge denied suspended judge Tracie Hunter a new trial Thursday.

Judge Norbert Nadel also denied a motion to acquit her of her recent felony conviction of unlawful matters in a public contract.

Once a jury has returned a verdict and that jury has been polled, a juror may not later rescind the verdict, he wrote in his decision.

"To rule otherwise would cause chaos by jeopardizing the integrity of jury deliberations and the finality of jury verdicts," his order states.

Three jurors have come forward to recant their votes to convict Hunter, saying they were pressured by other jurors.

A hearing will be held Dec. 2 Nadel can hear a new motion Hunter's lawyer has filed alleging juror misconduct.

Hunter's attorney Clyde Bennett says the judge didn't poll the jury when the verdict was read on Oct. 14. The judge did, however, poll them when the verdict was sealed.

Bennett says had these two jurors been polled on Tuesday, Oct. 14, Hunter would not be found guilty.

FOX19 legal analyst Mike Allen says, the law, as he understands it, does not require Judge Nadel to poll jurors a second time. For Hunter to receive a new trial Judge Nadel would have to admit that he made a mistake. Allen doesn't see that happening.

"I've been practicing before judge Nadel for 20-something years," Allen said. "If he made a mistake and he believes that he did, he will admit it. I don't believe he did. I'm pretty sure he doesn't think that he did so I'm pretty sure this is going to end up in the court of appeals"

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