1250 Broadway, 27th Floor New York, NY 10001

NO LETTING HER SLIDE

video_photo_nyreblog_com_.JPGConvicted by a Richmond County Supreme Court jury of murder in the second degree, Janet Redmond Mercereau appealed to the Appellate Division, Second Department, claiming a reversible error had occurred because the trial judge wouldn't allow the jury to view her expert's video demonstration.

While such presentations can be a useful tool, since the witness's analysis was based on "speculation" and on conditions which weren't "sufficiently similar" to those which existed on the night of the attack, the AD2 concluded that the trial judge had correctly excluded the evidence.

It also didn't find any irregularity with the jury's composition, even though one individual was a former cop, and another had lost a family member while deliberations were underway. In both instances, the jurors confirmed they could remain fair and impartial.

Not a pretty picture. 

overhead_project_gif_nyreblog_com_.GIFTo view a copy of the Appellate Division's decision, please use this link: People v. Mercereau

Categories: