Uncle on Trial: Why Jury Misconduct Robbed David Prevatte's Trial of a Fair Verdict | Pt 47
Justice Is A Process!!!!
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Uncle on Trial: Why Jury Misconduct Robbed David Prevatte's Trial of a Fair Verdict | Pt 47
1 681 просмотр · 13 ч назад
Justice Is A Process!!!!
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1 681 просмотр · 13 ч назад
The jury already had the case when the judge declared a mistrial. Did the State prove it, and who pays for the time a fair verdict was lost?
This is my Day 10 reflection on State of North Carolina v. David Wesley Prevatte, the uncle on trial in Pender County, charged in the death of his niece, Paitin Fields. Paitin was five years old. On Day 10 (2026-10-15), with the jury in deliberations, a juror reported that another juror had said, "I know things about this." The court removed that juror, finding the juror had not been honest and forthright. In the afternoon juror seven came forward with more: a remark in the jury room that the defendant "has a rap sheet longer than the table," which juror five heard too. Juror nine then reported that juror four had said the authorities know the defendant. Juror four denied it, and the court found that denial was not true. The defense, through Mr. Britt, moved for a mistrial, telling the court David Prevatte did not believe he could receive a fair and impartial trial. The State argued against it.
The judge called a mistrial a drastic remedy, and granted it anyway. He found "serious improprieties by this jury, such that it would be impossible to attain a fair and impartial verdict," and said, "This is conduct by the jury members themselves." He found neither side at fault and ruled the case may be retried at a later date. The matter was set over to November 13, and bond stays the same until the defense files a motion for bond. No hearing was set.
Here is where I come out. In my opinion, the State did not meet its burden. Some of the DNA is real, and I say so. But the State asked the jury to take everything together, and the jury was told proof beyond a reasonable doubt is proof that "fully satisfies or entirely convinces" them of guilt. A pile of maybes does not add up to entirely convinced. That is my opinion, not a verdict. Only a sworn jury's verdict counts, and this jury lost the chance to return a fair one. David Prevatte is presumed innocent, the same as on the first day of trial. In my opinion, that bond motion deserves a real hearing, and soon, because he did not cause this mistrial.
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WHAT JUSTICE BREAKS DOWN
0:00 - What this video is, and a preview
0:22 - Video starts: The mistrial, my opinion on the State's case, and the two questions this trial leaves
3:31 - Walks through the State's case as a juror heard it, the State's closing, and reasonable doubt in plain English
6:33 - Lays out the deliberations: the DNA request, juror two's report, and the judge removing juror three
8:39 - Breaks down the afternoon reports: the rap sheet remark, juror four, and the court's findings
11:47 - Explains who asked for the mistrial, the statute in plain English, and the judge's ruling
14:23 - Pushes back on the wait: no new trial date, the wait since his 2022 arrest, and what the judge said about bond
16:34 - Where I stand, what Paitin and her family deserve, and the question I want you to answer
CASE BACKGROUND REPORT:
https://justiceisaprocess.com/nc-v-da...
Complete case overview including the charges, the timeline, the key players, and the legal questions this trial raises.
State of North Carolina v. David Wesley Prevatte. Pender County Superior Court in Burgaw, North Carolina. Prevatte is charged with first-degree murder in the 2017 death of his five-year-old niece, along with other charges. Jury selection began on September 28, 2026. He is presumed innocent unless and until the State proves each charge beyond a reasonable doubt.
LATEST ARTICLE: https://justiceisaprocess.com/desk-20...
PLAYLISTS AND RESOURCES
Website: https://justiceisaprocess.com/coverag...
Full Trial Live Broadcasts: • NC v. David Prevatte: Full Trial Live Broa...
No Breaks Edition: • NC v. David Prevatte: No Breaks Edition
Trial Analysis Podcast: • NC v. David Prevatte: Case Story Trial Pod...
Key Moments and Testimony: • NC v. David Prevatte: Key Moments & Testimony
Commentary: • NC v. David Prevatte: Commentary
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