"For the first time in 342 years, a New York court ruled that a criminal defendant can be convicted by a jury of 11 after the defendant tried to tamper with the jury. The hallowed 12-person jury, which originated in medieval England and may have links to Jesus Christ and his Twelve Apostles, has become one of the most embedded features in American jurisprudence."
"In its ruling last month, the New York Court of Appeals found that a defendant's egregious conduct in confronting the foreperson of the jury at his home and instilling a fear of harm to the juror and his family amounted to a forfeiture of the defendant's right to a 12-person jury. The facts are not really disputed. The defendant, Derek Sargeant, after a violent encounter with a 20-year-old woman in the basement of his Queens home, was charged with possession of two revolvers."
New York state Chief Judge Janet DiFiore announced on Nov. 16, 2020 that jury trials are being suspended again due to the resurgence of COVID-19. For the first time in 342 years, a New York court ruled that a criminal defendant can be convicted by a jury of 11 after the defendant tried to tamper with the jury. The New York Court of Appeals found that confronting the jury foreperson at his home and instilling fear of harm to the juror and his family forfeited the defendant's right to a 12-person jury. The defendant, Derek Sargeant, faced weapons and forgery-related charges. After evidence and summations the jury began deliberations, alternates were excused, and the judge adjourned when defense counsel cited a migraine. That afternoon the judge received a panicked call from the foreperson, issued a warrant for the defendant's arrest, and scheduled a hearing for the following morning.
Read at www.amny.com
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