Man's conviction OK despite ex's counselor on jury

Published: Apr. 24, 2019 at 7:22 PM EDT
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Can you get a fair trial if your ex-wife's marriage counselor is on the jury? The Michigan appeals court says yes.

Jason Nelson was convicted of assault in Sanilac County in 2017. He says he didn't realize until after the trial that one of the jurors was a marriage counselor who had met with him and his former wife four years earlier. Nelson says it was a stormy session with profanities.

The counselor said he remembered Nelson's ex-wife, but he didn't recall meeting Nelson. He told a judge that he acted fairly as a juror. The assault allegations against Nelson didn't involve his ex-wife.

Nelson wants a new trial, but the appeals court ruled Tuesday that there's "no evidence" that the counselor lacked impartiality as a juror.