People v. Lucia

Chief Judge Desmond (dissenting).

The catch phrase “ jurors may not impeach their verdict” does not dispose of the proof that these jurors, depriving defendants of a basic protective right, went on their own to the crime scene, investigated there to check on the officers’ testimony and reported back to their fellow members of the jury, all without the knowledge of court or counsel. The rule prohibiting self-impeachment by jurors is stretched too far and in the wrong direction when it is used to validate such a transgression of fundamental fair trial rules.

*297The rule has been so applied on…