by Laura Kusisto and Nate Rawlings
A reconstituted jury panel began deliberations this afternoon in the trial of a Brooklyn police officer accused of sexual assault.
The presiding judge, Alan D. Marrus, dismissed a juror earlier in the day, halting deliberations and forcing the jury to start over.
“Juror No. 6 had either read, or heard from someone who had read, about a newspaper article that Officer Kern had previously either been accused or been convicted of police misconduct before on two prior occasions,” the judge said in court today, explaining the situation.
After interviewing the jury with attorneys for both sides, Marrus felt that the jury could still return a verdict based on the evidence; however, he allowed defense attorneys the opportunity to replace the juror in question.
“I’ve offered the defendants the opportunity to replace Juror No. 6 to avoid any possible claim of prejudice,” Marrus said.
Attorneys for Officer Kern asked that Juror No. 6 be dismissed.
Officer Richard Kern is accused of assaulting body piercer Michael Mineo during an arrest attempt in Prospect Park on Oct. 15, 2008. According to court testimony, the police officer saw Mineo smoking marijuana when Officer Kern chased him into a subway station. Mineo alleges that Officer Kern sodomized him with his police baton. Kern disputed the allegation on the stand, saying he used his baton to hold down Mineo’s legs to prevent him from kicking anyone. (Link)
In the final weeks of testimony, both sides argued over forensic and medical evidence supporting Mineo’s allegations. Defense witnesses included a forensic expert who consults for the police department who testified about whether the tears in Mineo’s underwear were caused by a police baton or were manufactured.
After receiving instructions this afternoon, jurors requested to see all of the videotaped evidence. The video ran for more than 15 minutes, as the court sat in eerie silence and jurors watched intently. Standing outside the courtroom after the video, on the verge of tears, Michael Mineo, said: “Watching the video is like reliving the whole thing. It really bothers me.”
Twenty minutes after viewing the video, jurors sent a note to the Marrus. “We would like to ask to cease deliberation,” it read. “There is one juror that requests the weekend before providing their decision. At this point, we have to stop.”
The judge declared a recess until Monday, with no objections from the defense or prosecution. “As far as I’m concerned, this is the best note I’ve seen in two days,” Maruss said.
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