The conviction of the gang member is thrown away after the jury fell for a witness of the prosecution
A courtroom meeting between a cooperating witness in an attempted murder and a beaten judge has led to the condemnation of a New York gang member.
The Appellate Division of the New York Supreme Court, First Department, last week overturned the conviction of Tysheem McGregror, 21, for attempted murder, assault, criminal possession of a weapon and conspiracy, concluding that Juror's misconduct No. 6 has robbed the suspect of his right to a fair trial.
Write unanimously opinion, Justice Dianne T. Renwick said the misconduct involved involved falling headlong with a witness for the prosecution and exchanging dozens of letters and phone calls with him while in jail for unrelated charges.
Tysheem McGregror & # 39; s (left and right) 2017 attempt to convict murder was abandoned after it was revealed that a jury member fell in love with a witness
The thriving romance was discovered during jury meetings, when the witness identified himself in earlier reports New York Daily News when former gang member Xavier Classen, 30, purely handed it to the prosecutor and wrote to a judge requesting tips on obtaining a marriage license so that he could make the decision with jury member 6.
McGregor, 21, an alleged member of the East Harlem street gang, was charged with four shootings that took place between May and December 2015 as part of a turf war gang.
Classen, who was part of a rival gang, agreed to testify against McGregor as part of a cooperation agreement with the Public Prosecution Service.
He identified McGregor as a member of the Eastern Army and also identified him in surveillance videos of a shooting on June 22, 2015.
After a six-week trial, which included testimony from nearly 100 witnesses, judges found McGregor guilty of charges related to one of the shootings, but cleared him up for the other three incidents.
Love at first sight: Xavier Classen, 30, testified against McGregor when he caught the attention of Juror No. 6, who later admitted that the former gang member her & # 39; kind of way & # 39; made it feel
McGregor was later sentenced to 15 years in prison for his crimes.
After the verdict, but before the conviction, Classen came clean to the public prosecutor whom he had written to judge No. 6, who is currently looking for him in prison.
The woman, who was not mentioned, later sent a letter to the public prosecutor requesting that Classen's sentence be reduced.
A month later, Classen wrote to the court and asked him for help in getting a marriage license to marry jury member No. 6.
These revelations prompted the public prosecutor to investigate the relationship between the witness and the jury, showing that the jury sent a love letter to Classen on 26 June 2017, in the midst of the McGregor trial. in which he said that she & # 39; fe (lt) for & # 39; the witness, that & # 39; seeing (him) and hearing (him) there in the gallery made (her) feel a kind of way, & that she wanted to write or speak with him, and kept her phone number.
At a hearing that took place after McGregor's verdict, Classen admitted to the court that he and Juror No. 6 were now talking 3-4 times a day and had received about 50 letters from her.
He said the jury wrote in her first letter to him that & # 39; she was the blond woman with the bun &, adding that he & # 39; immediately remembered her & # 39 ;.
The confused woman testified that she was inspired to write to Classen because she & # 39; felt bad for someone who really tried to change their life and then caught up with their history & # 39; and & # 39; there was clearly a physical attraction & # 39 ;.
The judge testified that she was aware that it was not the intention to reach & # 39; someone in the trial, & # 39; but & # 39; did not even think of that at that time & # 39; because they & # 39; just a human was a mistake. & # 39;
She promised she would not talk about the witness to her fellow jury members. When asked if she understood Classen's statement as an opponent of McGregor, she answered: "In a sense. I just didn't see it that way because his whole testimony was irrelevant to the Tysheem trial. & # 39;
After the hearing, McGregor's defense submitted a request to reject his conviction for misconduct by the jury.
After the romance between Classen and the jury member had come to light, the McGregor defense team appealed his guilty verdict and claimed that he had been deprived of his right to a fair trial.
The court denied the motion and concluded that although the behavior of the jury & # 39; unwise & # 39; , it was & # 39; not of the kind that (a) affected the fairness of the proceedings or an essential right of the defendant & # 39 ;.
The panel of four courts disagreed and concluded in its judgment of November 14 that the misconduct of the jury & # 39; intentionally and clearly & # 39; used to be.
Although the woman denied that her amorous feelings about Classen influenced her thinking of McGregor, "she was at least demonstrably more likely to acknowledge his testimony and had unknowingly tried to help the witness the witness was in line with," Renwick wrote.
The appeals panel concluded that the judgment had to be reversed and the case returned for a new trial.
The advice also contained a note showing that the jury now & # 39; has a very serious relationship with the witness and wants to marry him & # 39 ;.
But the wedding plans of the couple in love are currently put on hold because Classen serves time for an attempt at gang attack.
Records from the New York City Department of Corrections show that the groom is expected to be released in March 2021.
. (TagsToTranslate) Dailymail (t) news