The guilty verdict in the official misconduct case against former Senate President Jason Ellsworth has been thrown out following revelations that jurors were exposed to sealed exhibits concerning communications with a potential key witness.Lewis and Clark County District Judge Christopher Abbott said in a Wednesday court hearing that he learned Wednesday morning that jurors deliberating in the misdemeanor trial were inadvertently given exhibits by court staff regarding the scheduling of potential key witness Bryce Eggleston.Abbott vacated the previous day’s verdict against Ellsworth from the bench Wednesday afternoon.“It’s possible there were exhibits that were sent to the jury room that weren’t supposed to be there,” Abbott said. “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 mistaken provision of the material to jurors at the start of deliberations became known to Ellsworth’s legal team as they visited with a juror after the verdict was announced shortly after 8 p.m. Tuesday. The juror mentioned details considered by jurors that weren’t part of the trial.“The state does believe that there should be a new trial,” said Dan Guzynski, an assistant Montana attorney general, speaking at a mistrial hearing Wednesday. “I also want to make a brief comment that everybody makes mistakes, and this whole process, and what we’re all involved in, is subject to the human condition.”
