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[UPDATE] Judge Delays Sentencing Of Cop Convicted Of Killing Innocent Man
By
Max Rivlin-Nadler
Published Apr 14, 2016
Modified Apr 14, 2016
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By
Max Rivlin-Nadler
Published Apr 14, 2016
Modified Apr 14, 2016
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[UPDATE BELOW] Over 100 people gathered outside Brooklyn Supreme Court this morning to protest a delay in the sentencing of former NYPD officer Peter Liang, who was found guilty by a Brooklyn jury of second degree manslaughter in the shooting death of Akai Gurley.
Liang’s sentencing, which was originally scheduled for today, was delayed by Judge Danny Chun until April 19th so he could continue hearing arguments from both the prosecution and defense over whether a juror lied during jury selection.
“Peter Liang is reaping the benefits of being an officer. He is not a scapegoat,” said Hertencia Peterson, Gurley’s aunt. “All of his different attorneys have tried to file a mistrial. Stop with the tricks, trying to avoid accountability. We are outraged by the possibility that we may have to go through this all again if there’s a mistrial.”
Liang technically faces up to 15 years in prison, but Brooklyn DA Ken Thompson recommended only probation and house arrest for Liang, a recommendation that Judge Chun is likely to follow.
Yesterday in court, Judge Chun heard testimony from juror Michael Vargas as part of an attempt by Liang’s defense team to have his guilty verdict tossed.
Last month, the Daily News reported that Vargas had said that while he was being considered for jury selection in a separate trial, his father had been accused of accidentally shooting and killing a man. Vargas allegedly omitted this information when he was being questioned by judge Chun for the Liang case.
Liang’s appeal lawyer, Paul Shechtman, grilled Vargas about his relationship to his father.
“He never spanked me, he never raised me,” Vargas testified, growing heated after Shectman repeatedly questioned whether he had been truthful during jury selection. Vargas explained that he had been in the shelter system since he was a child, and that he never had anything resembling a relationship with his father. When the judge asked him during jury selection whether he had “close” family members or friends who had been accused of a crime, Vargas said his father didn’t come to mind.
Shectman also brought a binder filled with Facebook postings Vargas had made over the past three years that were critical of police, in an attempt to demonstrate that Vargas had concealed his opinions about law enforcement.
“When you were called for jury service, did you think that police officers across the country weren’t being held accountable?” Shectman asked.
“In some cases, yes. I feel that today,” Vargas replied. “But I’m entitled to my opinion.”
The judge will allow the District Attorney to cross-examine Vargas this afternoon before deciding if Vargas’s possible omission warrants a mistrial, a move legal experts have deemed unlikely.
Outside the courthouse this morning, the anger of those impacted by police misconduct was met by an overwhelming number of NYPD officers who lined Jay Street.
“One day your loved ones will be a hashtag,” Peterson, Gurley’s aunt, told the officers. “If Akai Gurley had shot Peter Liang, would you recommend no jail time? Why on earth do you think you can be judge, jury, and prosecutor at the same time? This has got to stop.”
Update 4:25 p.m.: Judge Danny Chun has denied Liang’s motion for the ruling to be tossed. Liang is now scheduled to be sentenced on Tuesday, April 19th.
This afternoon, during further questioning of Vargas by the defense, Judge Chun grew impatient, imploring, “Is it on the basis on the Facebook posting that you're asking to set aside this verdict? Is that all you have?"
When defense attorney Paul Shechtman replied, "I have a great deal more than that," Chun bellowed, "Then move on!" Explaining Vargas's pattern of answering questions in a long and meandering way, Chun also said, "His ability to answer questions is not that of someone who
is at the top level of intelligence."
Ultimately, he was unconvinced there was more to Liang’s motion after all.
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Peter Liang
nypd
Akai Gurley
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Max Rivlin-Nadler
Max Rivlin-Nadler has been a contributor to Gothamist since 2013. He has also reported for the New York Times, NPR, and The Intercept. His years-long investigation into New York City's arcane civil forfeiture laws led to a series of reforms which altered a practice that had been taking millions from poor communities for decades. Recently, he brought back a surfing habit from a few years on the west coast, and would love to see you all out in the Rockaways.
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