Reason For Mistrial In Murder Case: Jurors Presumed Guilt

Several jurors who said they had made up their mind before testimony began in a recent murder trial

The mishap will push back of Meadowbrook, who were accused of killing Paul "Pete" Cline, 60, of Anza, and dumping his body off a roadside east of Temecula.

Two juries will be needed to proceed with the trial for the two defendants, the judge said. The separate juries are needed because one defendant allegedly implicated the other in the case.

The jury was dismissed for Shaver last week, so a new one will have to be selected for her. Five jurors said they thought Shaver was guilty before evidence testimony even began, said Richard Swanson, Shaver's attorney.

"Numerous of them were making comments about their unwillingness to hear evidence," he said.

The judge heard of the conversation through an anonymous tip called in to the Riverside County courthouse in Indio.

"The (tipster) overheard the juror saying, 'She was arrested, so she must have done it,'" Swanson said.

Judge Kelly Hanson questioned a second jury Monday to be sure they had not made the same mistake. He also asked the jurors whether they've read any news reports about the mistrial, and none said they did, so trial was rescheduled for May 18.

Cline was killed sometime between Feb. 15 and March 5, 2006. According to a trial brief filed by Deputy District Attorney Blaine Hopp, the victim knew Duve and Shaver, and the pair allegedly attacked him with a knife in his house at 36990 Old Cary Road.

According to the brief, after his arrest, Duve allegedly admitted to investigators that there was a plan to kill Cline, who was stabbed multiple times, apparently to steal his assets. The victim had reported the fraudulent use of his bank card card to sheriff's deputies a few days before his death, Hopp said.

In her interview with investigators, Shaver alleged that Cline had made unwanted sexual advances toward her, prompting her to stab him, according to court papers.

After the attack, the defendants, with the help of several friends -- all of whom are testifying for the prosecution -- removed the victim's body, dumping it on a hillside southeast of Anza, prosecutors allege.

Tips that Cline had been murdered prompted investigators to obtain and serve a search warrant at his residence on March 21, 2006, and evidence showed Duve and Shaver had been staying in the house, according to the brief.

Duve later took detectives to the location of the victim's remains, the brief states.

Duve has prior convictions for auto theft and receiving stolen property, while Shaver has a prior federal conviction for identity theft, according to court records.