Juries

Florida judge cites crosswording juror in mistrial grant; 'I didn't know it was a bad thing,' juror says

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A Florida judge granted a defense motion for a mistrial in a murder case involving the Home Depot after a juror worked on crossword puzzles during testimony and deliberations. (Image from Shutterstock)

A Florida judge granted a defense motion for a mistrial in a murder case involving the Home Depot after a juror worked on crossword puzzles during testimony and deliberations.

Judge Coleman Robinson of Escambia County, Florida, granted the mistrial in the case of Sheila Agee, who is accused of helping her son plan the murder that happened in August 2023 at the Home Depot in Pensacola, Florida. The victim was the mother of the son’s child, and the son allegedly blamed her for his sexually transmitted disease.

The Pensacola News Journal, WEAR News (here and here), WKRG and Fox News covered the mistrial decision.

Sallie Sue Smith told WEAR News that she was the crosswording juror.

“Well, I didn’t know it was a bad thing,” Smith said. “I do that when I concentrate and I’m listening. You couldn’t see the bench or witness stand very well ’cause it was dark. But I could hear it.”

When she was told that she wasn’t allowed to do crossword puzzles during testimony, she stopped, Smith said. She did, however, have another crossword puzzle with her when she went into the jury room for deliberations, she acknowledged.

Robinson considered several issues with the trial. One juror told the judge in open court that there was a loud disagreement during deliberations, and she thought that one juror’s physical safety was at risk, according to the Pensacola News Journal. The juror also said some of the disagreements became racially motivated.

Two jurors said they felt threatened, while a third with a pacemaker cited an increased heart rate during deliberations, according to WKRG.

In granting the mistrial, Robinson also cited the crosswording juror.

“There is a particular juror who has not treated this case, and it’s evident, with the seriousness it should have,” Robinson said.

Smith told WEAR News that during deliberations, “It became obvious to me right away that I was in the minority of one versus 11 other people. … At first, it started out reasonable. A lot of shouting, and I can shout, too.”

“You don’t just lightly consider a first-degree murder charge,” Smith told WEAR News. “You think about it and talk about it.”

Agee is due back in court Feb. 5.

Agee allegedly sent a text message to her son that said if he didn’t kill the victim, then he was “a mf b- - - -,” according to past coverage by the Pensacola News Journal. The son, Keith Agee, was convicted of murder in December 2023.

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