|
 State Supreme Court Justice Danny Chun in Brooklyn rejected
arguments from former Officer Peter Liang's lawyers that a juror
with anti-police bias had lied in order to get onto the case.
The decision not to order a new trial clears the way for Liang's
sentencing on Tuesday, two months after he was found guilty in
connection with the shooting of Akai Gurley.
Gurley, 28, died when a bullet fired from Liang's gun on Nov. 20,
2014, ricocheted off a wall and into his chest as he walked in an
unlit stairwell in a Brooklyn housing project.
The shooting added to nationwide protests in cities like Baltimore
and Ferguson, Missouri, over the use of police force against
minorities, though Liang, a Chinese-American, was not accused of
intentionally killing Gurley.
 Liang's conviction, meanwhile, sparked outcry among Chinese-American
activists who said he was a scapegoat for police misconduct.
Following Thursday's hearing, Liang's supporters were confronted
outside the courthouse by protesters who screamed that the former
officer was a murderer.
Liang faces up to 15 years in prison, though prosecutors have
recommended no prison time, drawing criticism from Gurley's family.
The request for a new trial centered on juror No. 9, Michael Vargas,
who failed to disclose that his estranged father had been convicted
of manslaughter when he was asked during jury selection whether any
"close relatives" had been accused of a crime. In testimony on
Wednesday and Thursday, Vargas said he did not consider his father a
member of his family and thus did not think of him when asked during
jury selection.
[to top of second column] |
Liang's lawyer, Paul Shechtman, emphasized that Vargas had disclosed
his father's conviction during jury selection earlier that day in a
separate case for which he was not selected.
Shechtman also pointed to Facebook messages in which Vargas
criticized police brutality.
But Chun said Vargas may have given different answers due to the way
each judge worded the question. He also said the defense had not
shown Vargas' actions had violated Liang's right to a fair trial.
Liang will likely appeal the decision after he is sentenced.
The rookie officer testified at trial that a sudden noise startled
him, causing his finger to slip onto the trigger and fire. It was
only after descending the stairs, Liang said, that he realized
someone had been hit.
Prosecutors argued Liang deliberately fired toward the sound
recklessly.
(Reporting by Joseph Ax; Editing by Leslie Adler)
[© 2016 Thomson Reuters. All rights
reserved.]
Copyright 2016 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
 |
