Murder conviction tossed all because killer's sleepy pal was kicked out of NYC courtroom: ruling

New York Post

5 days ago

A state appeals court tossed out a Queens murder conviction because the killer's buddy was booted from the courtroom for falling asleep — even though the accused was clearly guilty.
The state Appellate Division panel said in a bizarre ruling last week that convicted killer Donald White was denied a public trial because Judge Michael Aloise booted his friend from the courtroom before White was found guilty of murder, robbery and weapons possession in 2016.
3 A state appellate court threw out a Queens murder conviction because the killer's friend was booted for falling asleep.
Christopher Sadowski
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'Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence,' according to the decision, which was filed Wednesday.
'Nevertheless, the defendant is entitled to a new trial because the Supreme Court improvidently exercised its discretion in excluding a spectator from the courtroom, thereby violating the defendant's right to a public trial,' the judges said.
The ruling means White, who is still being held in state prison, gets a new trial in the case.
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Veteran civil rights attorney Ron Kuby, who was not involved in the case, chided Aloise's decision to toss White's pal, who was not identified, from the trial on the first day.
'Judges serve the public, not the other way around,' Kuby told The Post. 'A courtroom is not a judicial fiefdom. Every defendant has a Sixth Amendment right to a public trial.
3 A state appellate court said Donald White was denied a 'public' trial because his friend was kicked out of court.
REUTERS
'Judicial pettiness and peevishness are not reasons to remove spectators,' he added. 'Now a murder case must be retried and the victim's loved ones must go through agony again, all because a judge got pissed at a spectator for napping.'
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White, 36, was charged with killing pot peddler Henry Jenkins in St. Albans in June 2010.
At trial, his pal dozed off in court during the first day of testimony.
Aloise's decision to kick him out came after the jury left the room, but the Appellate Division judges said he was too hasty, and didn't consider other options — like warning the man not to do it again.
Even though the judge reversed his decision the next day, the appeals panel said White's friend may not have known that — and thereby didn't know he was welcome back in the courtroom.
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3 Queens District Attorney Melinda Katz is reviewing the decision to throw out Donald White's murder conviction.
Stephen Yang
'The spectator was not present at the time and had no reason to believe that he could return to the courtroom was insufficient to remedy the court's error,' the ruling said.
A spokesperson for the Queens District Attorney's Office said prosecutors were reviewing the ruling.
Al Baker, a spokesman for the state Office of Court Administration, which oversees the Empire State court system, declined to comment on Aloise's decision or the appellate ruling.
White's attorneys did not respond to a request for comment.