We have confirmed with multiple sources two jurors were accused of engaging in sexual activity in a court house bathroom. Some attorneys believed if this did happen it could have led to a mistrial and the case would have to begin all over again.
Jurors have been listening to testimony since last week. Its unknown who came forward but someone reported a male and a female juror engaged in sexual activity in a court house bathroom. Monday morning Judge James Oppliger conducted a hearing behind closed doors to investigate whether the incident happened and who may have known about it.
Reporter: "Margarita, can you stop and talk to us about what happened this morning?"
Both defense attorney and prosecutor declined to comment on the jurors' conduct. Eddie Scott is a former Reedley College football player. Scott is accused of molesting an 11-year-old girl in the summer of 2006. The trial resumed late Monday with no jurors being excused.
Capozzi: "This is my first time in my 38 years of experience practicing law. I've never heard of this before."
abc30 Legal Analyst Tony Capozzi believes the judge made the right decision to investigate. It's unknown if the incident actually happened or it was a false report. Capozzi said jurors don't have to be excused if they engage in sexual activity during a trial.
Capozzi: "Technically there's no prohibition against it. The judge doesn't tell the jurors in the beginning of the trial, you can't have a relationship with each other. He doesn't say anything about a sexual relationship."
The court transcripts have been sealed, so we may never know what came of the judge's investigation. Testimony resumes Tuesday. The prosecution expects to possibly complete his case by Wednesday.