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Astor Jury Rashomon: Juror Denies Claims Of Intimidation
By
Jen Chung
Published Feb 23, 2010
Modified Feb 23, 2010
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By
Jen Chung
Published Feb 23, 2010
Modified Feb 23, 2010
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After it was reported that a juror felt intimidated to convict Astor heir Anthony Marshall, the juror accused of the intimidation has gone to the press: Yvonne Fernandez tells the NY Times that even though she yelled at fellow juror Judith DeMarco, "she and the other woman made up, hugged and cried together in the bathroom."
Fernandez also spoke to the NY Post, explaining, "[DeMarco] said, 'The judge's instructions don't do it for me.'" Fernandez was surprised, since DeMarco is a lawyer and legal analyst at Bloomberg News, "She said it twice. I was so shocked I wrote it down in my pad. 'The judge's instructions don't do it for me.' I shouted, 'How in the world can we deliberate if the judge's instructions don't do it for you?'"
As for DeMarco thinking that Fernandez was flashing gang signs at her, she said, "I did not threaten her! I apologized for yelling at her. I don't even know any gang signs!" (though Fernandez did briefly date the president of the Latin Kings many years ago). Fernandez also considered complaining to the judge about DeMarco because "during deliberations she was nasty."
The possibility that DeMarco was intimidated may be grounds for an appeal. Defense lawyer Benjamin Brafman tells the Times "this issue may have real legs" while Fernandez's lawyer, Ronald Kuby, doubts the verdict will be overturned, "It’s not uncommon for a juror, after convicting, to have second thoughts and to feel disgruntled at the outcome."
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Anthony Marshall
Astor trial
Judith DeMarco
juror
jury
Yvonne Fernandez
Jen Chung
Jen Chung is a former WNYC and Gothamist editor.
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