Conviction Vacated & Indictment Dismissed Due to Prosecutor’s Unconstitutional Peremptory Challenges
Our client, accused of attempted murder, was tried before a Queens jury in 1997. He was ultimately convicted of numerous assault counts. An investigation subsequently revealed that during jury selection, the trial prosecutor had used a jury checklist and potential juror strike sheets in which he had explicitly reminded himself to exercise peremptory challenges against prospective jurors of certain races, religions, and ethnic backgrounds. The documents also noted he should not select too many women and indicated the potential sexual orientation of a prospective juror who was peremptorily challenged. The prosecutor also used a disproportionate number of challenges against Black and Hispanic prospective jurors.
Appellate Advocates, in conjunction with the Conviction Integrity Unit of the Queens County District Attorney’s Office, filed a motion arguing that our client’s constitutional rights were violated due to the prosecutor’s exercise of peremptory challenges based upon race, ethnicity, gender, and sexual orientation. The motion was granted, the conviction was vacated, the indictment was dismissed, and the case was sealed.
De Nice Powell represented our client
