District clerk Burgess subpoenaed following mistrial sparked by 'Jury Appreciation Week'

Harris County District Clerk Marilyn Burgess has been asked to appear in court Thursday following the “Jury Appreciation Week” events that prompted a mistrial for a man accused of beating his wife to death. A subpoena issued in June orders the elected official’s presence in the 339th District Court where Judge Te’iva Bell earlier declared the mistrial after a defense attorney’s objection to speeches intended for prospective jurors. The speeches were meant to convey the county’s gratitude for jurors’ civic duty but the lawyer, Sean Buckley, believed the speakers focused too heavily on victim families and could be prejudicial to jurors.

The subpoena, sent out June 23, also asks that the district clerk’s office deliver communications regarding jurors and planning for the days-long tribute, according to court records. The Harris County Attorney’s Office has attempted to quash aspects of the subpoena that demand the communications records, arguing that the attorney’s request is “overly broad.” Al Ortiz, a district clerk’s office spokesman, said Burgess had already scheduled Thursday off for her birthday and that the county attorney’s office advised that “her presence will not be required.” “She was personally served,” Buckley said, adding that he is more interested in obtaining the records than hearing Burgess’ testimony at this time. Buckley suspects that Judge Bell will also set a new trial date for his client, Itani Milleni, who in 2019 was charged with murder in his wife’s death. He also sent the district clerk’s office the bill for legal fees related to Milleni’s defense by certified mail.