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JURORS WHO ENGAGED IN PREMATURE DELIBERATIONS SHOULD NOT HAVE BEEN DISCHARGED AS “GROSSLY UNQUALIFIED” ABSENT A FINDING THEY COULD NOT RENDER AN IMPARTIAL VERDICT (FIRST DEPT).

The First Department, reversing defendant’s conviction and ordering a new trial, determined two jurors, who engaged in premature deliberations by discussing the case on the subway, should not have been discharged, over a defense objection, as “grossly unqualified:”

The record does not support the court’s discharge of a juror and an alternate, over defense objection, as “grossly unqualified.” The record establishes that the two jurors engaged in premature deliberations while on the subway by discussing the demeanor and testimony of witnesses and the age of the case. Initially, the court properly conducted an inquiry of the jurors themselves and confirmed that they had engaged in premature deliberations. However, it should have inquired further and ascertained whether they were unable to render an impartial verdict, rather than discharging them as grossly unqualified based solely on the conclusion that, by prematurely deliberating, they had violated the court’s instructions not to discuss the case … . “Premature deliberation by a juror, by itself, does not render a juror grossly unqualified” … . The “grossly unqualified” standard for removal of a sworn juror is higher than that for a prospective juror, and “the record must convincingly demonstrate that the sworn juror cannot render an impartial verdict for him or her to be disqualified”… . Nothing express or implied in the jurors’ answers suggested that they could not render an impartial verdict in spite of their conversation and decide the case based solely on the evidence before them … . People v Thompson, 2021 NY Slip Op 06778, First Dept 12-2-21

 

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