GUILTY NY - Karina Vetrano, 30, jogger found murdered, Queens, 2 Aug 2016 #5 *First trial MISTRIAL*

[YESorNO]

Dad of slain jogger goes for run a day after shocking mistrial

"The father of slain Queens jogger Karina Vetrano went out for a run Wednesday in the same park where he found his daughter’s body — a day after a stunning mistrial was declared in the case against her accused killer.

With a look of pain etched into his face, Philip Vetrano left his home in Howard Beach to clear his head with a 20-minute jog through Spring Creek Park.

Asked if he wanted to comment on the shocking outcome just over a day into deliberations in defendant Chanel Lewis’ case, Vetrano answered, “Absolutely not.”

An NYPD officer was stationed outside the house to prevent reporters from approaching....

Prosecutors have vowed to retry Lewis, 22, who was charged with sexually assaulting and strangling Karina Vetrano in August 2016...."

https://nypost.com/2018/11/21/dad-of-slain-jogger-goes-for-run-a-day-after-shocking-mistrial/

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Veteran lawyers can’t believe Karina Vetrano case ended in mistrial

"The shocking mistrial declared in the murder of Queens jogger Karina Vetrano has floored even veteran lawyers, who agreed Wednesday that the judge should have urged jurors to continue deliberating instead of calling it quits so quickly....

“I have never seen [a mistrial] happen without an Allen charge. Never. The Allen charges normally work,” said defense attorney Sally Butler, who worked as a prosecutor in Queens for 15 years.

“Whenever you get that note, that’s the first thing the judge does. There was something definitely up.”

Experienced civil rights lawyer Ron Kuby agreed that the outcome of the trial, which started Nov. 5, was “unheard of” given the short length of deliberations.

“The first deadlock note, in my experience, never hangs the jury unless there is physical violence [among jurors] or other extraneous reasons,” Kuby said...."

https://nypost.com/2018/11/21/veteran-lawyers-cant-believe-karina-vetrano-case-ended-in-mistrial/
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[YESorNO]

Parents Consoled After Mistrial in Case of Slain Jogger Karina Vetrano

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[ilovewings]

i am stunned that there was a hung jury in this case---
<modsnip - rude>

 

[MassGuy]

i am stunned that there was a hung jury in this case---
<modsnip - rude>

It’s alright. The prosecution will learn from their mistakes, and come back with a more streamlined and effective case.

This is only delaying the inevitable.

 

[YESorNO]

Alternate Juror Says She Would Have Voted to Acquit Chanel Lewis in Karina Vetrano’s Murder

"The trial of Chanel Lewis in the murder and sexual assault of Karina Vetrano ended in a hung jury on Tuesday, shocking the courtroom. We’re now getting a better sense of what some jurors might have been thinking during deliberations.

“I don’t want to say it’s just on the prosecution,” an unnamed alternate juror told the New York Daily News on Wednesday. “Also, the defense had some reasons why as well [to result in a not guilty verdict]. Yes, I thought there was reasonable doubt.”

She didn’t participate in the actual deliberation. The jurors who did couldn’t reach a unanimous decision....

A retrial is set for January 22...."

Alternate Juror Says She Would Have Voted to Acquit Chanel Lewis in Karina Vetrano’s Murder
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[Inthedetails]

It seems to me the jury was concerned about the confession. I can understand that. IIRC, we on WS also had some concerns about the confession at the time and hoped that it was done correctly - our concern was rightly placed! If LE doesn't follow the proper procedures, that taints the evidence. Everyone is entitled to a fair trial - and if the investigation wasn't fair and evidence is tainted....well....this is what you get.

Sigh.

Yet, it's very strange the judge didn't send the jury back to deliberate longer. Why didn't he, as it seems like normal procedure to encourage the jury to keep working when they haven't been at it very long. The early acceptance of a hung jury is a concern to me as well.

My heart does ache for Karina's parents. This has got to be incredibly hard on them.

jmo

 

[passepartout]

The prosecution failed to make their case for some very serious charges. 'Beyond a reasonable doubt' was not a standard that was met.

First-degree and second-degree murder charges should be taken very seriously by the jury when they consider the evidence presented in court. In this case, it didn't seem the prosecution even bothered with the sex assault claims - and it was the sex assault charge on which the first-degree charge was based.

Lewis's Legal Aid attorneys did a commendable job providing a rigorous defense for a client who some might see as unsavory or unlikeable and who to some extent had already been branded 'guilty' in the media and online discourse.

The prosecution will get to try again. If the evidence is really there, they should be able to make a stronger case against the defendant. If not, then there should be a more just outcome than putting someone away for life.

 

[Inthedetails]

In this case, it didn't seem the prosecution even bothered with the sex assault claims - and it was the sex assault charge on which the first-degree charge was based.

Snipped.

Good point.

Thinking back to our discussions waaaaay back when the crime happened (if I recall them correctly....it's been a long time!), there was always some question about sexual assault. I understood that she wasn't sexually assaulted, which was a curious aspect to the case as in a case of a female jogger being attacked, it's usually the case the motive was to sexually attack the woman.

Then, the sexual assault stuff came up at the trial. It surprised me but I thought perhaps I either mis-remembered or LE didn't provide those details (understandably). But even in court, it seemed kinda confusing if she really was assaulted in that way or not.

Now I question if they added sexual assault to the charges just for the sake of increasing the charges. I wouldn't ever be skeptical of something like this, but I admit I am. I am disappointed that I even feel skepticism - the case should be presented clearly (and maybe it was; I wasn't in the courtroom, of course).

At first I was shocked at the outcome. Now that I'm thinking about it, disappointment iswhat I'm feeling. And confusion.

Lots of questions.

jmo

 

[Angleterre]

I expected this.
Defense attorney knew some would pretend to believe in the garage he was going to oír forward.

Sorry for my ignorance but I don’t understand your comment- “DA knew some would pretend to believe in the garage he was going to oir forward ? Can you please explain

 

[Elainera]

Sorry for my ignorance but I don’t understand your comment- “DA knew some would pretend to believe in the garage he was going to oir forward ? Can you please explain

".... in the garbage he was going to put forward" I think is what was meant. Had to read it multiple times too!

 

[passepartout]

Good point.

Thinking back to our discussions waaaaay back when the crime happened (if I recall them correctly....it's been a long time!), there was always some question about sexual assault. I understood that she wasn't sexually assaulted, which was a curious aspect to the case as in a case of a female jogger being attacked, it's usually the case the motive was to sexually attack the woman.

Then, the sexual assault stuff came up at the trial. It surprised me but I thought perhaps I either mis-remembered or LE didn't provide those details (understandably). But even in court, it seemed kinda confusing if she really was assaulted in that way or not.

Now I question if they added sexual assault to the charges just for the sake of increasing the charges. I wouldn't ever be skeptical of something like this, but I admit I am. I am disappointed that I even feel skepticism - the case should be presented clearly (and maybe it was; I wasn't in the courtroom, of course).

At first I was shocked at the outcome. Now that I'm thinking about it, disappointment iswhat I'm feeling. And confusion.

Lots of questions.

jmo

You raise some good points here.

IMO, overcharging is an issue in this case. When Lewis was first arrested, the only charge was second-degree murder. IMO again, the prosecution would have faced better prospects for conviction if they'd stuck with that and not made the reach for first-degree.

 

[passepartout]

Something else troubling about this prosecution:

Defendants in adjacent courtrooms gave statements to same detective

Two innocent Queens residents, both killed while enjoying life. Four families in grief as two young men face nearly a lifetime behind bars after confessing to murder.

And in both cases, which are taking place in adjacent courtrooms, the defendants gave their confession to the same NYPD officer: Det. Barry Brown from Queens Homicide South. The defense teams in both cases have called those confessions into question.​

Chanel Lewis was 20 at the time of his arrest; this other defendant was 15. Both 'confessions' are full of contradictions, misunderstandings and obvious confusion.

 

[hawkshaw]

The crazy thing about this is from the outset I sensed something was wrong about this case - now this. Don't know why but I just felt that way. Can't even make an intelligent guess as to the guilt or innocence of the suspect. I have to tell you I lean towards guilty.

 

[hawkshaw]

25+ years ago I worked in the Queens Homicide Squad. At that time the first person that needed to be convinced the confession was legitimate was the detective was convinced.

 

[hawkshaw]

I never heard of a mistrial being called in a case as this one was. The prosecution didn't even bother to object in a case they had so much invested in. The judge is widely known as a DA judge calls it after the defense routinely asks for a mistrial and gets it without an objection!

What does this suggest to me? It suggests the judge knew, or thought he knew how the deliberations were going against the prosecution and called it a mistrial. In effect he give the prosecution a second bite of the apple when a verdict could have resulted in an acquittal.

Keep in mind the news reports had it at 7 -5 for a conviction. Based on only news reports I thought the jury would come back in a couple of hours with a conviction.

 

[SeesSeas]

I never heard of a mistrial being called in a case as this one was. The prosecution didn't even bother to object in a case they had so much invested in. The judge is widely known as a DA judge calls it after the defense routinely asks for a mistrial and gets it without an objection!

What does this suggest to me? It suggests the judge knew, or thought he knew how the deliberations were going against the prosecution and called it a mistrial. In effect he give the prosecution a second bite of the apple when a verdict could have resulted in an acquittal.

Keep in mind the news reports had it at 7 -5 for a conviction. Based on only news reports I thought the jury would come back in a couple of hours with a conviction.

The judge suggested that the defense move for a mistrial.
The family did not support continued deliberations.
7 jurors in Karina Vetrano trial voted to convict: Sources
Updated November 21, 2018 11:11 PM
[...]
Lewis's defense attorneys, at Aloise’s suggestion, moved for a mistrial, something prosecutors didn’t oppose. Just over two weeks after the trial began with photos of Vetrano's body at the crime scene, the ethnically diverse jury appeared haggard.
[...]
Just before Aloise announced the mistrial, Vetrano’s parents Philip and Catherine Vetrano, as well as her older sister Tana, briefly exited the courtroom with prosecutors who told them of the jury split. Asked if they supported deliberations continuing, the family decided against it, said a source familiar with the case.
[...]

 

[madamx]

What!?!

From above link:

“Razzano testified about the DNA found on Vetrano's neck, nails and cell phone. In cross-examination, defense attorney Jenny Cheung, a DNA expert, suggested that Vetrano could have encountered Lewis’ DNA elsewhere or that someone else who arrived on the scene could have been transferred the DNA by accident.“

How does some random person arriving at the scene ACCIDENTLY Transfer DNA of the Suspect underneath the dead woman's fingernails?... I am have a bit of a hard time with this one..

 

[madamx]

i am stunned that there was a hung jury in this case---
<modsnip - rude>!

omg I thought the same thing!

 

[deedee21]

How does some random person arriving at the scene ACCIDENTLY Transfer DNA of the Suspect underneath the dead woman's fingernails?... I am have a bit of a hard time with this one..

No one believes that. Including the jurors

 

[madamx]

No one believes that. Including the jurors

Well, 7 jurors didn't... the other 5 hmmm not so much.