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News / Clark County News

Judge declares mistrial in child rape case

Court's decision to be finalized next month

By Patty Hastings, Columbian Social Services, Demographics, Faith
Published: December 22, 2014, 4:00pm

Clark County Superior Court Judge Barbara Johnson decided Tuesday to nullify the trial of Christopher Warren, who was recently found guilty of child rape. She determined that there was a mistrial after reviewing information about juror misconduct.

Twelve jurors reached a unanimous verdict on Oct. 31. But Craig Bowen, who was Juror No. 6, said under oath in November that he had accidentally read media reports, which influenced his vote and violated court orders.

“This result is highly unfortunate,” Johnson said. “The conduct of Mr. Bowen has resulted in substantial interference with the administration of justice, keeping in mind the trial time, including that of all of the other jurors, trial preparation, the testimony of numerous witnesses, including a young child.”

Less than 12 hours after the verdict, Bowen told the court and The Columbian that his fellow jurors may have had outside knowledge about the case before reaching a verdict. According to court transcripts, Bowen admitted days later to glancing at a newspaper story, where he believed he read that Warren was accused of molesting another victim. The information didn’t make sense to him, so he later sought clarification on The Columbian’s website and saw a headline indicating that Warren was a police officer, but — seeing his mistake in seeking a media report — he stopped reading.

“This court, although finding some lack of credibility in Mr. Bowen own’s testimony, cannot conclude beyond a reasonable doubt that the extrinsic information did not contribute to his decision to find the defendant guilty,” Johnson said.

Bowen violated the court’s repeated instructions to not read media reports or seek outside information, though what he learned wasn’t discussed with fellow jurors, Johnson said. Washington state law requires a unanimous verdict in child rape cases.

The decision to invalidate the weeklong trial won’t be finalized until the next hearing, which is set for Jan. 6, and the state has the right to appeal the decision.

Those seated in the gallery Tuesday murmured as Johnson announced her decision. As people left the courtroom, defense attorney Louis Byrd Jr. tapped Warren on the shoulder and said, “Merry Christmas.”

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Columbian Social Services, Demographics, Faith