Juror's Note to Judge About 'Cutie' DA Didn't Require Mistrial
A juror caused consternation by sending a note to the judge in a fatal New York child-abuse case, asking for the name and number of the “cutie” assistant district attorney–and asking if the judge could recommend a divorce lawyer.
But the “undoubtedly inappropriate” note sent to Warren County Court Judge John Hall Jr. during deliberations didn’t require a mistrial, ruled the Appellate Division’s 3rd Department. The decision upholds Hall’s earlier ruling after he questioned the juror, reports the New York Law Journal. The article is reprinted in New York Lawyer (reg. req.).
“Not only did the juror repeatedly assure the court that she could be fair, but she recognized the inappropriateness of her actions, apologized to all concerned and, more importantly, did not at any time express a predisposition towards any of the parties involved in the trial,” explains Justice E. Michael Kavanagh in the panel’s written decision.
The ruling upholds the jury’s conviction of Alicia Lewie on two counts of second-degree manslaughter and other charges concerning the 2007 death of her infant son. However, the appeals court dismissed one manslaughter count against Lewie, finding that there was insufficient evidence to prove it because the baby’s internal injuries could only have been detected by medical tests.
She is serving a prison term of 7 1/3 to 22 years and her boyfriend, Michael Flint Jr., who eventually pleaded guilty to first-degree manslaughter, is serving 22 years to life.
