Richard Beam has been ordered to appear in court to explain why he should not be held in contempt
NEWARK -- A Superior Court judge has ordered a former Essex County juror to appear on Monday on a contempt charge for allegedly discussing an ongoing sexual assault trial in the courthouse cafeteria with two fellow jurors last year, ultimately leading to a mistrial.
Judge Michael L. Ravin ordered Richard Beam to appear before him to show cause specifying why he should not be found in contempt of court for disregarding the trial judge's instructions to not discuss the case. A contempt charge carries maximum penalties of six months of imprisonment and a $1,000 fine.
The two other jurors - John Lipari and Eddie White - each pleaded guilty on June 22 before Judge Robert Gardner to a contempt charge for discussing the case and they were ordered to pay $100 each. Gardner, who had presided over the trial, had executed orders to show cause against each of the jurors for them to specify why they should not be held in contempt of court.
But after Beam's attorney, Dennis Durkin, claimed Gardner should recuse himself due to his bias in the case, the judge transferred the matter to Ravin.
As part of a motion ultimately heard by Ravin, Durkin argued the order to show cause should be dismissed, because a person can only be found in contempt of court if it is proven he intended to violate a court order. Durkin has said there was no such intention on Beam's part.
In a March 3 letter to Ravin, Durkin claimed that "when the charging document in a contempt proceeding fails to identify with specificity the order alleged to have been violated by willful, purposeful, volitional intent, there is a failure of evidence in the State's case on the question of intent."
During a March 7 hearing, Durkin cited the First Amendment right to freedom of speech and told Ravin that "the mere fact of speaking cannot itself be a violation."
In a March 14 written decision, Ravin denied the motion and said the issue of Beam's intent would be addressed at the hearing scheduled for Monday.
"Discharging the Order for the State's failure to prove Beam's intent, therefore, is not the appropriate relief here because the issue of Beam's intent is to be addressed at a contempt hearing before this Court," the decision states.
Lipari, White and Beam served as jurors in March 2015 during the trial of Donovan Cunningham, who is charged with sexually assaulting a 16-year-old girl between November 2011 and February 2012.
Throughout the trial, Gardner reminded the jury to not discuss the case, according to Ravin's decision. On March 26 - the 12th day of the trial - Gardner dismissed the jurors for a lunch break and instructed them as follows: "Don't discuss the matter amongst yourselves or with anyone else," the decision states.
But over the lunch break, three Essex County assistant prosecutors overheard the three jurors discussing the case in the cafeteria at the Essex County Courthouse, the decision states.
After the issue was brought to the judge's attention, Gardner questioned each of the three jurors and they admitted to discussing the case, the decision states. As a result, Gardner declared a mistrial later that day, the decision states.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.