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Mistrial: When Juror E-Mails Prosecutor Friend To Complain About Rape Case
By
Jen Chung
Published Jun 9, 2011
Modified Jun 9, 2011
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By
Jen Chung
Published Jun 9, 2011
Modified Jun 9, 2011
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This is our justice system, people According to the Daily News, "A [Queens] judge declared a mistrial in a rape trial after a renegade juror emailed a friend who happens to be a Bronx prosecutor about the contentious deliberations."
Apparently juror Daniel Matz called his fellow jurors "Doubting Thomases" and didn't like defendant Jose Fernandez's strategy claiming consensual sex and told his friend, Bronx ADA Michael Nutley as much. Nutly then told the Queens DA's office. The News reports:
Violating the judge's warning not to discuss the case, Matz confided the panel was split 7 to 5 in favor of conviction - and that he planned to vote for conviction even though he thought the prosecution's case has holes.
"Were this not a rape case I'd pull the rug from under the prosecution and vote to acquit," Matz, 45, wrote.
"But this girl was raped and beaten. How can I not fight for justice on her behalf? How can I not do that? Hope things are brighter in the Bronx!"...
[Matz also wrote] "We're split 7-5. 5 people think that not knowing for certain what happened means that there is reasonable doubt, which is relativistic nonsense," he wrote.
"7 of us (me included) say it's obvious what happened and that Knowing for Certain is not a requirement of the law."
He added: "2 people go into an alley and one comes out bruised and scraped and scratched with dirt all the way inside her.
"The other comes out with a kakamamie [sic] story about wrestling and rough sex; a story so incredulous as to not be believed. ... Except for the fact 5 doubting Thomases don't know for certain."
Matz has to appear in court next week to face contempt of court charges (up to 30 days in jail if found guilty). After a week of testimony, the jury was in its third day of deliberations when Matz fired off the email.
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Jen Chung
Jen Chung is a former WNYC and Gothamist editor.
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