State v. Owen
Two jurors submitted affidavits stating that there were “deliberate improprieties,” with jurors being provided evidence during their deliberations. The jurors said that evidence introduced in the trial was denied their review, and evidence that had never been introduced was “mysteriously” provided to them. One juror’s affidavit discussed a letter written on yellow legal paper and “signed by Mike Casey,” which described the “hoax” perpetrated by Mike Casey, Alisha Owen, and Gary Caradori. The juror said that the letter, read by “all or most” of the jurors, was the critical item convincing him of Owen’s guilt, and, after the trial, he sorted through “all the evidence and exhibits” and couldn’t find the letter.
Alisha Owen’s appellate attorneys appealed her conviction on several grounds, including prosecutorial, judicial, and juror misconduct. Specific motions included perjured witness testimony, denial of Miranda rights, the jurors using a dictionary to define “reasonable doubt,” and the judge being a practicing attorney. All the appeals were denied.
In October 1993, Troy Boner submitted an affidavit alleging that threats from the FBI compelled him to lie before the Douglas County grand jury and at Alisha Owen’s perjury trial. Boner contended that the death of his brother Shawn, who ostensibly shot himself in the head, was the primary motive for his affidavit. He felt that his brother’s death was a “message” for him to remain silent, because he had repeatedly confessed to lying to the Douglas County grand jury.
