By Matt Bean Court TV
DURHAM, N.C. A second juror in Michael Peterson's murder trial is on the cusp of being dismissed after an alleged booze-fueled, profanity-laced escapade Tuesday evening landed him in jail overnight.
"I would have some concerns about a sitting juror being intoxicated and in jail the next morning at court time," said Judge Orlando Hudson Jr. in court after hearing of the incident.
According to authorities, the juror's tirade began at a Durham BP service station when he threatened four mechanics who were working on his pickup truck.
"He became belligerent with them. He indicated to them that he was going to get a shotgun and was going to come back and shoot someone," prosecutor Jim Hardin told the judge Wednesday morning.
The mechanics called police, who found the juror, a 58-year-old retiree, at a nearby bus station with an unopened container of beer.
"He said some really foul things to them," continued Hardin. "He in essence said that he was on the Michael Peterson jury and that they didn't need to mess with him and that he wasn't going to talk to them."
Concerned that he would harm himself or others, officers took the juror in for a "24-hour hold" but did not arrest him.
According to prosecutors, the juror was wearing his bright red jury badge throughout the incident.
The outburst wasn't the first time the juror has been in trouble with the law.
A Courttv.com investigation of his criminal background turned up convictions for assaulting a female and forcible trespassing in December 1995, DWI convictions in 1987 and 1997, numerous traffic violations, and several convictions for bad checks written in 1984.
Two mechanics at the BP service station declined to comment Wednesday afternoon, but a third, whose name tag read "Pop" but refused to be otherwise identified, told Courttv.com that no charges would be pressed and that the juror was, overall, "a good guy."
Judge Hudson said he was less concerned about what happened between the juror and the mechanics than he was about whether the man's aggression toward police could lead to a grudge against the state.
"I want to know what happened," said Hudson, "It may represent a feeling that he has about law enforcement that could be transferred to the prosecution."
Hudson said he recalled from jury selection that the juror, who cited a bad back, forgetfulness and hearing problems as reasons he should be excluded from service, admitted to "a checkered history of alcohol abuse."
During jury selection three months ago, a local newspaper, the Herald Sun, reported that the juror, a carpenter on disability, had warned prosecutor Freda Black: "I will probably forget half of what's said ... I won't be fair to him or anyone else, and somebody is going to get short."
Before jurors begin their deliberations Monday, the judge will hold a hearing to question the responding officers and the juror about the events.
It could be the earliest the matter is cleared up; clerks at the police department told Courttv.com that no arrest record existed for the 8:41 p.m. apprehension and that it appeared as though the juror had simply been taken into custody overnight.
News of the allegedly intoxicated juror came after the dismissal Tuesday of another juror under markedly less salacious circumstances.
 | | Dorothea Waters was dismissed from the jury Tuesday after the judge discovered she had once known a trial witness. |
Dorothea Waters, wife of former Duke basketball coach and TV analyst Bucky Waters, was dismissed from the jury after she informed the court of a friendly relationship with the wife of James McElhaney, an injury biomechanics expert who testified for the prosecution.
Later, Waters released a statement: "I praise God for having been selected in this way. It was an educational experience and a difficult responsibility. I will miss the camaraderie with my fellow jurors, as we have become like family."
UNC Law School professor of criminal law Joe Kennedy told Courttv.com that it's likely the second juror could finally get his wish of being dismissed.
"There's a real good chance," said Kennedy. "If he no longer wants to be on this jury, he'll have ample opportunities to get off. They'll ask him a number of questions along the lines of 'Do you still think you can still be fair.' All he has to say is, 'I'm not sure,' and he's off."
After learning of the juror's extensive criminal history, local defense lawyer Lee Castle added, "I wouldn't want him on my jury, that's for sure."
Also Wednesday, the court released information that could provide a glimpse at jurors' mindsets heading into closing arguments Thursday and Friday. The documents list each piece of evidence from both the defense and prosecution, and a tally of how many jurors would like to view each item.
Among the most requested items: photos of the scene and autopsy.
The toxicology report was one item that, notably, none of the jurors asked to see. While they may request the report during deliberations, their lack of interest in it might suggest jurors didn't buy the defense's theory that Kathleen Peterson could have been dizzied in the stairwell by the blend of alcohol and prescription drugs in her system.
Jurors will have the chance to amend their evidence requests after closing arguments, which kick off Thursday morning at 9:30 a.m.
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