Pubdate: Fri, 19 Feb 2010
Source: New York Times (NY)
Copyright: 2010 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: Kareem Fahim
Bookmark: http://www.mapinc.org/people/Michael+Mineo

JUDGE HALTS DELIBERATIONS IN POLICE CASE

A Brooklyn judge halted deliberations Thursday in a police brutality
trial after one of the jurors told the others that Officer Richard
Kern, the main defendant, had previously been accused of misconduct --
allegations that were not introduced during the trial and that the
judge described as "misinformation."

The judge, Justice Alan D. Marrus of State Supreme Court, acted after
jurors sent him a note about 4:40 p.m., as he prepared to dismiss them
for the day.

"One of the jurors just told the jury that Officer Kern had been
prosecuted or convicted of police brutality two times prior to this
trial," the note said. "Many of the jury is very uncomfortable with
this and don't know how to proceed."

Justice Marrus slowly read the note aloud and then interviewed the
juror in question -- No. 6, a young woman -- in private but in the
presence of prosecutors and lawyers for the three defendants. He said
he would allow the lawyers to consult with their clients and would
interview the rest of the jurors Friday morning before deciding on how
to proceed.

The juror's actions raised the possibility that defense lawyers would
request a mistrial, but they are more likely to push for her
dismissal; they have made no secret of the fact that they liked the
remaining alternate, who works as a traffic enforcement agent.

Officer Kern is charged with sexual abuse. Prosecutors say he
repeatedly rammed a baton into the buttocks of Michael Mineo, a body
piercer he chased into the Prospect Park subway station on Oct. 15,
2008, after seeing him smoking marijuana. Two other officers, Alex
Cruz and Andrew Morales, are charged with trying to conceal the abuse.

The jurors sent their note at the end of the first full day of
deliberations, about an hour after they asked the judge to define
"reasonable doubt." Earlier, jurors had asked that they be read
testimony from key witnesses.

John D. Patten, who represents Officer Kern, said the jury's note
apparently referred to two separate allegations of excessive force
against his client that surfaced in news accounts soon after Mr. Mineo
said he was abused. Mr. Patten said Officer Kern was cleared in both
cases by the Civilian Complaint Review Board.

In one of those cases, in 2007, Officer Kern was accused of making
unlawful arrests and manhandling people. It led to two lawsuits that
the city agreed to settle for a total of $50,000.

"He was totally exonerated," Mr. Patten said in court. "It was
completely wrong."

After reading the note aloud to the jurors, Justice Marrus told them:
"There may have been some story in the newspaper. There is no finding
of police brutality on the part of Officer Kern. He was
exonerated."

Justice Marrus said Juror No. 6 told him she had either read or been
told about the allegations, and had "not really thought about it"
during jury selection.

"During the deliberations, when things got a little heated," Justice
Marrus said, "something triggered it." 
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