Trial judge accuses Ferguson of trying to influence jury, contemplates contempt

As jurors deliberated whether Orange County Judge Jeffrey Ferguson murdered his wife, he allegedly chatted in a courthouse hallway about a possible acquittal -- prompting the trial judge to schedule a contempt hearing and declare that Ferguson "believes my orders mean nothing."

The latest drama in the trial began mid-morning Tuesday when Los Angeles County Judge Eleanor J. Hunter convened the parties.

"It was brought to my attention that Mr. Ferguson was sitting outside the courtroom this morning while jurors were waiting and having a conversation with a bail bondsman who congratulated him about his case," Hunter told them outside of the presence of the jury. "This clearly borders the line of contempt. So, at this time, I'm going to have my clerk swear in the bailiff and I'm going to ask some questions."

After the bailiff was sworn in, he told Hunter that he had opened the doors to see Ferguson sitting in the first row bench with his son and jurors also sitting there. Then he told the judge he was given information that a bail bondsman had spoken to Ferguson in the hall about the case, violating the courts orders.

The bondsman said, "Talley did a fantastic job during closing. I think you're going to get off."

He was referring to Ferguson's defense attorney, Cameron J. Talley.

Ferguson responded, "Juries are unpredictable. They can go one way or another. You just never know," the bailiff told Hunter.

Hunter then questioned each juror individually to determine if they overheard the hallway exchange. Convinced they hadn't, she sent them back to deliberate.

Ferguson, 74, has repeatedly tested Hunter's patience. Before trial, she briefly jailed him for violating bail by testing positive for alcohol. After a hung jury in the first trial, he gave tearful TV interviews that Hunter suggested were aimed at swaying jurors in the retrial.

Throughout both trials, Hunter has admonished Ferguson for trying to steer courtroom proceedings, displaying what she viewed as performative emotion, and allowing his entourage to talk about the case near jurors inside the courthouse.

After breaking for lunch Tuesday, Hunter returned to the courtroom.

"At some point, my orders have no effect," she told Talley. "When I give Mr. Ferguson orders, they mean nothing to Mr. Ferguson. There needs to be some consequences to not following rules and codes."

"I believe Mr. Ferguson is attempting to influence this jury," Hunter continued. "He wants the jury to see him, and he gave the interviews and cried on TV and told everyone that he was already in a jail in his head so he could taint the jury pool which was clearly the only reason for him to do what he did."

Talley responded: "I understand the court's frustration and the court's desire and obligation to keep this proceeding free from external forces, and there's no point in denying that."

Hunter said she would return at 3 p.m. with a decision on what punishment to give Ferguson. She said she was considering jailing him again or even holding him in criminal contempt.

Ferguson faces three felony charges: second-degree murder, discharge of a firearm resulting in death, and use of a firearm during the commission of a felony. If convicted, he could face 40 years to life in prison. People v. Ferguson, 23NF1975, (O.C. Super. Ct., filed Aug. 11, 2023).

The jury began deliberations Monday at 11:30 a.m.