Attorney Spencer Kuvin challenging social media use by jurors

Claims trial was impacted by cellphone distraction

WEST PALM BEACH, Fla. -- Keeping social media out of the courtroom and out of the hands of jurors.

That's the goal of local attorney, Spencer Kuvin, who says social media distractions may have impacted the outcome of at least one of his trials.

Kuvin says during a trial earlier this month, he believes at least two of his jurors were using Twitter and Facebook during a trial.

Kuvin says he was representing an elderly woman injured in a car accident, and believes the trial may have had a better outcome if his jurors were more focused on the trial.

One juror, he says, posted "Taking a Nap" on Twitter during his opening arguments, along with other opinions and comments about the case.

Another, he says, commented on Facebook about her frustration for being selected for jury duty.

"If they're tweeting and on their phone during a trial, how can they pay attention to the evidence that's being heard?" said Kuvin. "I think it's a sad commentary on how people actually see their service, their important service to this country."

Legal expert, Michelle Suskauer, says jurors can bring their cell phones into court, but are expected to not let it be a distraction unless there's an emergency situation. She says she could see that changing.

Suskauer says judges may consider banning cell phones altogether if social media concerns continue to arise.

"There's no doubt that it's actually happening on a much more frequent basis than it's being seen," Kuvin explained.

Kuvin says dozens of cases across the country have been overturned because of questionable social media comments and use during a trial.

He's hoping it won't continue to be an issue during his trials. He now hopes to give a second fair trial to his client.

Kuvin will be appearing before a judge Wednesday to request permission to interview the jurors in question.

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