Juror’s info search spurs mistrial

McCune accused of threatening magisterial district judge, family

HOLLIDAYSBURG -- A Blair County jury trial nearing its conclusion ended with a mistrial Tuesday after one of the 12 jurors admitted to looking for information about the defendant and seeing prior convictions.

The late disclosure halted a trial for Nicholas McCune, 37, of Hollidaysburg, who was accused of threatening Magisterial District Judge Andrew Blattenberger and his family on Oct. 28, 2022, after becoming angry in the reception area of the district court located inside the Altoona-Blair County Airport.

Judge Jackie Bernard, who repeatedly reminded jurors to avoid trial-related information outside the courtroom and to disclose any encounters, granted the mistrial requested by Chief Public Defender Russ Montgomery, who represented McCune.

"The jury is tainted," Montgomery said.

Bernard, upon hearing no counterargument from Assistant District Attorney Salua Kamerow, ended the trial.

"There's no way to know what impact that juror's information had or how it tainted the deliberations," the judge said.

Bernard, who spoke to all 12 jurors in the courtroom, said she didn't know which juror made the late disclosure. But the judge stressed that the disclosure was "absolutely required" and as a result, no verdicts would be recorded.

The jury was on the verge of returning to the courtroom with verdicts late Tuesday morning when a juror asked to speak to Bernard, which she declined. The request prompted the jury to be returned to the deliberation room, where one of the jurors sent a written note to Bernard about the juror's search for information about the defendant during the jury selection process. The note, according to the judge, also indicated that despite the disclosure, the verdicts wouldn't change.

Inside the courtroom, Bernard explained why the verdicts were no longer valid.

"All of you have to have the same information when you go into the deliberation room," she said.

While Bernard expressed her appreciation "to the jurors who served in good faith," she admonished the juror who didn't make an earlier disclosure.

"You wasted the time of your fellow jurors," she said.

McCune's charges -- retaliation against a judicial official, aggravated assault, terroristic threats, simple assault and disorderly conduct -- will be returned to the county's list of pending trials.

District Attorney Pete Weeks said his office is prepared to try the case again. He also said his office is open to negotiating a resolution, as it is with any criminal case.

Montgomery said McCune hasn't been interested in the plea offers presented so far by the DA's office.

"We're too far apart," Montgomery said.

In court on Monday, McCune took the witness stand in his own defense and apologized for his behavior. He admitted to becoming angry in Blattenberger's office over an unpaid traffic violation and the thought of being arrested because he didn't have enough money to cover the cost.

Blattenberger's office staff members told the jury that the angry McCune started using profanity and derogatory terms while demanding to see Blattenberger, who wasn't in the office. Both said they became fearful, especially when he spoke of harming Blattenberger and his family.

"He said if I ever see (Blattenberger) out in public, I'm going to pop him, his children and his grandchildren," one of the staff members testified Monday.

A fellow staff member said she heard McCune threaten "to pop them all," prompting her to activate a silent alarm to summon police.

McCune told the jurors this was a big misunderstanding.

"It was my stupid ghetto slang," he said.

McCune testified that when he spoke of popping Blattenberger, that meant he was going to pop a knee -- or kneel -- so he could converse with the judge who he believed would be older and of small stature.

State police Trooper Rusty Hays told the jury that when he conversed with McCune about his behavior, McCune also indicated that popping meant he would take a knee or bow down before Blattenberger in public.

"I said that makes no sense to me," Hays testified.

When Assistant District Attorney Nicholas Mays asked Hays what he thought McCune meant when he spoke of popping Blattenberger, the state trooper replied: "Either hit or shoot."

McCune, while on the witness stand, repeatedly apologized to Blattenberger, who was in the courtroom to hear his testimony.

"I never should have disrespected your office," McCune said as he turned toward Blattenberger.

McCune also apologized for causing the office staff members to become fearful. He blamed his behavior on mental health conditions and his lack of medication.

"I'm embarrassed and ashamed that I caused this," McCune said.

In her closing argument, Kamerow asked the jury to hold McCune accountable for his actions and remember that he was on his best behavior while testifying.

Montgomery told the jury to find his client guilty of disorderly conduct and clear of all other charges in a case where McCune walked into an office and became angry.

"He didn't intend to terrorize anybody," Montgomery said.

The trial included no testimony or recognition of McCune's work as a professional wrestler. Online information indicates that he goes by the name of "Manic" and that as of October, he was taking a break from wrestling.

Mirror Staff Writer Kay Stephens is at 814-946-7456.