Juror’s Note About ‘Cutie’ DA Isn’t Grounds for Reversal, Says NY Top Court
A juror’s note to a judge asking for the name and number of a “cutie” assistant district attorney is not grounds for overturning the defendant’s conviction for manslaughter, according to New York’s highest court.
The New York Court of Appeals said the judge handled the note “quite skillfully,” the Albany Times Union reports. The judge interviewed the juror in the presence of the lawyers, explained the message was inappropriate, and obtained her assurances that she would be fair to both sides.
The note, written to the judge during jury deliberations, asked for the opportunity to thank both sides for the privilege of serving as a juror. It also mentioned the breakup of the juror’s marriage, expressed her view that the male prosecutor sitting second chair was a “cutie,” and asked for his number when the trial was over.
“Defendant argues in substance that the juror’s note and her comments during the dialogue in chambers show that the juror had an eccentric personality,” the opinion (PDF) said, “but eccentrics are not barred from serving on juries.”
The ruling upholds the manslaughter conviction of Alicia Lewie in the death of her infant son.
