Prosecutors Seek New Venue for Murder Retrial Amid Juror Misconduct

Prosecutors in North Carolina are seeking to move the retrial of David Prevatte out of Pender County following a mistrial due to juror misconduct. The case involves charges against Prevatte, 27, who is accused of first-degree murder and statutory sexual offense in connection with the death of his 5-year-old niece, Paitin Fields.

The incident occurred on Nov. 13, 2017, when Paitin was found having a seizure at her uncle's parents' home. Prevatte rushed her to the hospital where doctors discovered signs of sexual assault and marks around her neck. The child died two days later. After a lengthy trial that received extensive local media coverage and live broadcasts on Court TV, Judge Ricardo Jensen declared a mistrial on October 15th due to misconduct by several jurors.

The misconduct came to light after three jurors reported discussing outside information about the case with other panel members during deliberations. This led to a breakdown in the proceedings as it became clear there were not enough alternate jurors available to replace those who had been compromised. The judge, Judge Ricardo Jensen, strongly admonished the jurors for their actions but did not hold them in contempt.

Prosecutor Shirley Smircic filed a motion on Monday asking Jensen to move Prevatte’s retrial out of Pender County due to concerns about potential bias among local residents and media influence. She noted that extensive news coverage and social media discussions had already tainted the jury pool, making it difficult to secure an impartial panel for a new trial.

Juror No. 3 spoke with WWAY after the mistrial, claiming she was misunderstood by her fellow jurors. “I just tried to speak my mind and stand up for what I believe in,” she said, adding that she had not mentioned any information about Prevatte being associated with the Ku Klux Klan, an allegation never brought up during the trial.

Prevatte’s defense attorney did not initially request a mistrial but complied when his client specifically asked for it. The prosecution did not oppose the motion once it became clear that too many jurors were compromised by outside influences.

With this latest development, Prevatte is scheduled to return to court on November 13th for a pretrial hearing where further discussions about venue and other procedural matters will take place.