Criminal Justice

Juror May Become Prosecution Witness After Telling Judge She Saw the Crime

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A judge in New York’s Albany County declared a mistrial Tuesday after a juror said she had seen the defendant dragging his alleged victim across a bridge.

Juror No. 8, a registered nurse in her 40s, told the judge she recognized the defendant, Earl Berry, because he looks like her cousin, the Albany Times Union reports. Berry is charged with rape and assault for two separate incidents last September involving the same alleged victim.

The juror said she recognized Berry after a police officer testified about the second incident and prosecutors introduced photos into evidence. “I was actually driving home and saw him dragging her down the bridge,” the juror said, “and he gave me the dirtiest look.”

Defense lawyer Michael Jurena told the Times Union he expected the juror to become a prosecution witness.

Hat tip to the Jonathan Turley blog.

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