Buying gifts for victim’s child called jury misconduct

Thursday, Feb. 14, 2002 | 9:17 a.m.

CARSON CITY -- The attorney for a death-row inmate said Fernando Hernandez is entitled to a new penalty hearing in Las Vegas because of the misconduct of two jurors who bought presents for his young daughter during the trial.

JoNell Thomas told the Nevada Supreme Court Wednesday that before the penalty phase started, two of the jurors went shopping for Hernandez's daughter and brought the presents into the jury room.

Hernandez was convicted of first-degree murder in the strangulation-stabbing of his ex-wife, Donna, in front of their 3-year-old daughter in October 1999.

Donna Hernandez had a protective order filed against her ex-husband at the time, and her slaying became a rallying cry for advocates of victims of domestic violence.

But Thomas argued that the jurors' shopping crossed the line.

"This is a constitutional violation," she said. "The jurors went beyond their role in this case," adding that the judge had cautioned them not to talk to each other about the case.

Deputy District Attorney Robert Daskas of Clark County agreed it was unusual for jurors to buy a gift for a child of the victim. But he said they complied with the judge's order by not discussing the case.

The jurors talked only about the size of the child in order to buy the gift. There was no jury misconduct, Daskas argued.

The court took the arguments under submission and will rule later.

Daskas added there was premeditation to show it was first-degree murder. Hernandez had talked previously about killing his ex-wife and himself, he said.

Thomas said those statements about killing his ex-wife were made two to three weeks before the murder. At most, she said, it was a second-degree murder case.