Three jurors in the Rocky Flats trial “bullied” the others into awarding $554 million to home owners in a class-action lawsuit, according to a juror letter filed this week in federal court.
“I really feel there should be a mistrial or appeal,” wrote one juror identified as Juror Z. “The more I think about this, the more I am sure the verdict is wrong.”
The affidavit was part of an effort to have Senior U.S. District Judge John Kane declare a mistrial, which he denied Wednesday.
Kane said deliberations were ratified by defense lawyers and challenged only after they received an adverse verdict.
Merrill Davidoff, a lawyer for plaintiffs, said he had “serious questions” about the propriety of defense lawyers’ interviewing jurors.
In February, jurors found in favor of the owners of 12,000 properties northwest of Denver. Jurors concluded that property values declined because of plutonium contamination. They also awarded punitive damages against plant operators.
Rocky Flats, which has been dismantled, was part of a nationwide weapons complex that produced nuclear triggers after World War II.
According to the pleadings, another juror with pro-defense leanings left the jury after being unable to stand criticism from those who wanted to find in favor of the homeowners.
Lawyers for the companies being sued, Rockwell International and Dow Chemical, said that “poisoned” deliberations.
Staff writer Alicia Caldwell can be reached at 303-820-1930 or at acaldwell@denverpost.com.
