Blagg juror’s medical records submitted to court
Subpoenaed documents keep rolling into court because of the contention by Michael Blagg’s attorneys that their client did not get a fair trial because a juror failed to disclose she was legally blind.
During a court hearing Monday, Mesa County Chief District Judge David Bottger received about an 8-inch stack of medical records belonging to the juror.
Bottger said in court that while he accepted the documents from the woman’s attorney, he will check case law to decide whether it’s appropriate to review the documents or quash the subpoena for them.
Blagg, 45, was convicted in 2004 and is serving a life sentence without the possibility of parole for shooting and killing his wife, Jennifer, at the family’s Redlands home in 2001.
A motion requesting a retrial because of the juror’s lack of sight was stalled while Blagg’s attorneys challenged their client’s conviction through the Colorado Court of Appeals. In January, the appeals court upheld Blagg’s conviction, which allowed defense attorneys to try again for a new trial.
Public Defender Tina Fang said Monday her office also has subpoenaed video of Blagg’s trial from CBS.
Fang said defense attorneys have subpoenaed the evidence to grasp the nature and extent of the juror’s visual impairment and “any information that goes to her truthfulness or credibility.” Fang said the juror did not disclose that she had problems with her neck and back and couldn’t sit for long periods of time without pain and that the juror had been taking the prescription drug Xanax. The juror has been subpoenaed to appear during the next hearing, Dec. 1.