Juror misconduct prompts angry judge to dismiss Prattville barbershop massacre jury pool

PRATTVILLE — The jury pool in the trial of a man accused in an Autauga County capital murder trial was dismissed Tuesday night because of juror misconduct.

The trial of Keon Cain 21, of Prattville, who faces three counts of capital murder in connection to a 2017 triple homicide at the Hook-Up Barber and Style Shop in Prattville will be reset. Circuit Judge Bill Lewis Jr. made the announcement to the pool about 7 p.m. in the courtroom where they have spent the last two days.

The misconduct came to light during individual interviews with potential jurors Tuesday afternoon. It was part of the selection process. 

A visibly angry Lewis called out Juror 99, Kyle Dean, to the front of the courtroom, and had a sheriff's deputy handcuff him and then sentenced him to five days in the Autauga Metro Jail for contempt of court.

The clicks of the handcuffs could be heard throughout the hushed courtroom.

"By a show of hands, how many of you could have been doing something else these past two days?" Lewis asked the pool. "By a show of hands, how many of you lost money by being away from your jobs these past two days? By a show of hands, how many of you could have been spending time with your families these past two days?

"I'm angry. And so should you be."

Dean allegedly discussed the case with other jurors. At the beginning of each break during the selection process and when the panel was sent home Monday, Lewis admonished them not to read or view any media reports about the case, do any independent investigations or talk about the case among themselves or with others.

Dean allegedly discussed evidence that would not have been admissible in Cain's hearing. There was no legal recourse available to Lewis to rectify the situation without further poisoning the pool.

Summons were sent to 500 people, double the usual jury pool. On Monday 326 people showed up for the selection process. Tuesday the pool had been whittled to 110 and Lewis said the probability was good that a jury could have been seated and trial would have begun Wednesday

"Our obligation is to find a jury that is fair, and not tainted," Lewis said.

Cain will remain in jail under no bond, typical in a capital murder case. He has been in jail since his arrest shortly after the incident.

Last March, Assistant District Attorney Josh Cochran addressed the court and told Lewis what evidence the state expected to present during Marty Morgan’s guilty plea. Morgan, 36, of Prattville, is Cain’s co-defendant. He pleaded guilty to one count of capital murder.

Cochran said Morgan struck Eddie Dean Scott and Al Seals Benson in the head with a cinder block, causing their death by blunt force trauma. Previous testimony during preliminary hearings brought out that Morgan also shot both men with a handgun. Anthony Smith, owner of the barbershop, was allegedly shot by Cain with a 410.ga. shotgun inside the business.

Smith staggered out of the barbershop and collapsed in the parking lot of a convenience store located next door. Cain approached Smith and allegedly shot him in the back of the head, killing him, Cochran said.

The crime, with multiple victims well-known in the community, shocked Prattville, a city that prides itself on a low crime rate. At the time, Prattville Police Chief Mark Thompson labeled the incident an armed robbery gone wrong. The business was near the intersection of U.S. Highway 82 and Highway 14.

Morgan has not been sentenced. He is expected to testify against Cain.

Contact Montgomery Advertiser reporter Marty Roney at mroney@gannett.com.