Condemned inmate gets new trial after juror tweet

Court Alerts

The Arkansas Supreme Court on Thursday tossed out a death row inmate's murder conviction and said he deserves a new trial because one juror slept and another tweeted during court proceedings.

Erickson Dimas-Martinez's attorneys had appealed his 2010 murder conviction because the juror sent the tweets despite the judge's instruction not to post on the Internet or communicate with anyone about the case. The lawyers also complained that another juror slept.

In one tweet, juror Randy Franco wrote: "Choices to be made. Hearts to be broken...We each define the great line." Less than an hour before the jury announced its verdict, he tweeted: "It's over."

Other tweets by Franco made passing references to the trial, with posts such as, "the coffee sucks here" and "Court. Day 5. Here we go again."

The court said Franco, known as Juror 2 in court documents, violated general instructions to not discuss the case.

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