By Monica Mercer
The Chattanooga Times Free Press (Tennessee)
HAMILTON COUNTY, Tenn. — The trial of a man accused of vehicular homicide barely began Tuesday when a bag of burnt popcorn forced the evacuation of the Hamilton County Courthouse, spurring worries of a tainted jury and the decision to halt the proceeding.
About 10 a.m., hundreds of people stood outside the courthouse for about 30 minutes as three firetrucks arrived.
Fire officials confirmed that a burnt bag of popcorn in the basement snack area tripped the smoke alarm. Chattanooga Fire Captain Carlos Hampton later said someone also had called 911.
A loud alarm with flashing lights startled the packed courtroom just as Hamilton County Criminal Judge Don Poole was beginning to describe the case to a group of potential jurors.
“We go to such great measures to make sure the jurors are completely fair and impartial,” defense attorney Lee Davis said. “This was not a good way to get started.”
The prosecution and defense attorneys are expected to meet today to schedule a new trial date.
“I am so bummed,” said Marjorie Frizzell, the daughter-in-law of the victim killed in the car accident. “It seems like we’re down here every week, and nothing’s getting done.”
Steven Tyler Frizzell, 20, is charged with vehicular homicide and vehicular assault stemming from a Memorial Day 2007 accident that killed 72-year-old Robert Frizzell Sr. and injured his wife, JoAnn Frizzell, and family friend Ruby Arnold. The defendant and the victims are not related.
While out on bond last fall, authorities caught Mr. Frizzell trying to buy beer, which prompted Judge Poole to increase his bond amount to $200,000. The defendant has been in jail since.
In court, Mr. Frizzell wore a dark blue shirt and slacks instead of an orange jail jumpsuit to court. But in the chaos of the evacuation, Mr. Davis said, law enforcement officers tried to handcuff Mr. Frizzell and take him to safety in front of the potential jurors already seated in the jury box.
Those potential jurors later were seen helping some of the elderly witnesses involved in the case get down the courthouse stairs, Mr. Davis said.
“It puts jurors in an awkward position if there is contact between them and the defense and the prosecution,” Mr. Davis said.
Judge Poole agreed. After telling jurors he never had seen such a large-scale evacuation of the courthouse in his three years of service, he said the trial would need to be postponed in order to avoid any appearance of impropriety.
“All lawyers have agreed it would be appropriate to strike this jury panel altogether,” Judge Poole said.
Copyright 2008 Chattanooga Publishing Company