Local News

Aaron Trout trial adjourned after juror contact

HARRISVILLE -- Aaron Trout's trial was adjourned early on Friday because of two spectators of the trial making contact with one of the jurors.

Trout faces murder and child abuse charges for the alleged killing of 2-year-old Jayde McDonnell, the child of Trout's then-girlfriend, Adrienne Pavelka.

While the jury was out of the courtroom for a recess period after hours of testimony, Judge Laura Frawley informed the courtroom that there was an incident in which one of the spectators of the trial made direct contact with one of jurors, despite consistent warnings from the judge that doing so would be inappropriate.

Frawly also informed the court that the individual, who was part of the initial jury pool but ultimately wasn't selected to serve, had sent a letter to Trout that he never received, making the spectator's conduct extra inappropriate.

"This case has been rife with difficulties," said Frawley. "With the COVID and having to adjourn, and then for you to intentionally do something like this during this case, it is beyond my ability to comprehend."

Frawley called the individual up to reprimand her for her conduct and also stated that Alcona County prosecutor Thomas Weichel wished to see her held in contempt of court for her conduct.

When given a chance to speak before the court, the individual apologized for her transgression but insisted that her interaction had nothing to do with the case.

Frawley asked Weichel and Trout's attorney, Bill Pfeifer, for their thoughts on how they wished to proceed. Weichel stated that the conduct raised serious concerns about the potential impartiality of that juror, while Pfeifer simply expressed astonishment that anyone present in the courtroom would ever speak with one of the jurors.

"Your honor, the people are concerned with potential jury tampering," Weichel said. "Specifically in reference to her contact with this defendant via the letter, I'd ask this court to find her in contempt."

"My immediate concern is is this going to end up as a mistrial and all this time, effort, money, effort be wasted," said Pfeifer. "From that perspective, I'm just not sure why anybody that has been sitting in the court would go talk to one of the jurors, even if it was even as innocent. I mean, it just doesn't make sense. "

The juror who was spoken to was called from the recess room into the courtroom so that she could inform the attorneys that her interactions would not impact her impartiality. The juror revealed that she approached by another individual who was present in the courtroom.

When asked by Frawley why she did such a thing, that second individual also attested that it had nothing to do with the trial and that she was simply thanking the juror for her service.

In response to that news, Frawley ordered that both individuals be present Monday morning to undergo contempt hearings. She then decided to adjourn court early and gave Weichel the weekend to decide whether or not he wanted to pursue dismissal of the juror who was spoken to.

Frawley then called in the remaining jurors and and, before adjoining the trial, reiterated to them the importance of not speaking to anyone about the case, consuming media about the case, interacting with anyone they see spectating in the courtroom.

"Let me be very clear," said Frawley, "we cannot have the appearance of impropriety at this point. Nobody wants to have a mistrial, so I'm asking you to, please, do not discuss this case, don't discuss this case with anybody you've seen in this courtroom during the pendency."

Prior to the adjournment, the jury got to hear testimony from various members of the Michigan State Police Forensic Team who were involved with evidence gathering and analysis, as well as neuropathologist Amanda Fisher-Hubbard, who examined McDonnell's brain as well as other key organs to diagnose the damage done to them and the likely cause of that damage.

The trial is scheduled to resume on Monday.