The opinion of the court was delivered by: Hicks, J.
a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme.
The defendant, William K. Town, was convicted by jury of one count of aggravated felonious sexual assault occurring sometime between 1990 and 1992. See RSA 632-A:2 (1986) (amended 1992, 1994, 1995, 1997, 1998, 1999, 2003, 2008). He appeals, arguing that the Trial Court (Vaughan, J.) erred in denying his motion to exclude a juror and by allowing the victim to testify about certain statements made by him. He further argues that the Trial Court (Bornstein J.) erred in denying his motion for a mistrial after testimony suggestive of uncharged acts of sexual misconduct and by providing a deadlock jury instruction after twice learning of the jury's numerical split. We reverse on the first issue and remand.
The record supports the following relevant facts. During jury selection, the trial court asked the prospective jurors whether they or a close friend or relative had ever been the victim of sexual abuse. Juror 67 was among those who responded affirmatively. As a result, the court conducted the following individual voir dire of Juror 67:
JUROR 67: I would like to be on this one, but I have to tell you that I was molested when I was 14.
THE COURT: Okay. Does that prevent you from being fair and impartial?
JUROR 67: I think I need to do this.
THE COURT: Well, there are plenty of cases, so, you know, don't feel like you have to be on this case. We've got plenty of cases.
The real question is, because of your personal situation, do you think that would prevent you from being fair and impartial?
THE COURT: Well, could you judge the case just from the evidence here in the courtroom and put aside your own situation? Would you be able to do that?
JUROR : All I could say is I would try.
THE COURT: That's all we can ask is that you try.
[DEFENSE COUNSEL]: You're unsure that you would be able to do so?
THE COURT: Well, would you try and put aside your ...