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Cab driver Hervey Farrell shot this video of taxi passenger Jennifer Gaubert which was entered into evidence during the simple-battery trial of Gaubert.
Gaubert, 34, is accused of making false statements against cab driver Hervey Farrell, who originally was booked in 2013 with extortion and video voyeurism.Solicitor General Robert Buckland, on behalf of the Attorney General, said: 'Criminal trials that have to be abandoned because of misconduct by a juror cause substantial inconvenience and distress to those involved.But after a night at home she returned to court and told the other 11 she had looked up the defendant online and as a result of material which was prejudicial to the accused she would be changing her verdict.Defending her actions, Potts told the hearing she remembered what the judge had warned about the internet and understood it.But during the night she could not sleep due to family worries and began playing with her phone in bed.Prosecutors say Gaubert lied to police by claiming Farrell shot a cell-phone video of her exposing herself inside his car and tried to extort money from her to make the explicit footage disappear.
Gaubert acknowledged in a previous interview with | The Times-Picayune that she was drunk when Farrell picked her up in his White Fleet taxi near Bourbon and Bienville streets.
In her version, she and Farrell were consensually fooling around near her home in Lakeview before he started filming underneath her skirt.
A year after the incident, on April 5, 2013, Gaubert filed a police complaint, claiming Farrell had filmed her without her permission.
She also said Farrell had e-mailed her attorney a copy of the video and offered to make it disappear in exchange for payment.
Farrell was jailed in August 2013, but prosecutors refused the charges against Farrell less than two months later, claiming there was no basis for his prosecution.
Instead, prosecutors charged Gaubert, who last year also was convicted in municipal court of a simple battery charge in connection with the cell phone recording of the encounter.