By Shavonne Potts
spotts@salisburypost.com
A college intern working for Bradley Paul Blymyer’s defense attorney will be absent from the rest of his first-degree murder trial after a juror overhead her discussing the case on her cell phone in a courthouse restroom.
Just after the Wednesday morning break, Superior Court Judge John L. Holshouser excused jurors early for lunch, saying a matter needed to be addressed.
The judge presided over a hearing that focused on Alex Manno, a college student working a summer internship with Statesville attorney Ken Darty, who is defending Blymyer in his trial for the murder of Jimmie Edgar Musselwhite. Musselwhite was bound, beaten and stabbed in his Verlen Drive home in 2006.
During the short hearing, Manno testified that her phone conversation was with Darty’s fiancee, and that she told the woman the pictures that had been shown in court were “gross.” She then testified she wasn’t sure if she’d said the pictures were “gross” or “gory.”
Apparently, the woman on the other end of the conversation asked if other people had testified, and the intern said some had.
Manno said when she went into the restroom, others were there. When she exited, she was the only person in the restroom.
Manno said she did not talk long on the phone.
Rowan County District Attorney Bill Kenerly asked Manno how she was able to get a cell phone through the security checkpoint. She said she told the deputy she was with one of the lawyers and was able to walk through.
“I’m sorry. I didn’t mean for any of this to happen,” she said.
Manno said she wasn’t thinking at the time that her call would be an issue.
Manno, of Wilmington, told the judge she is a senior communications major and obtained the internship with Darty through a family friend.
Manno testified that she had called Darty’s fiancee at his request. Darty said he had not explained to Manno the importance of not speaking about the case.
“This is extremely unfortunate. I am not going to consider this to have prejudiced your client or the state,” Holshouser said.
Holshouser gave Manno the option of excusing herself from the courtroom and from the rest of the trial.
Manno collected her things and walked out.