New Jersey Appeals Court Throws Out Sex Abuse Conviction
A New Jersey court has thrown out a conviction in a sex abuse case because of comments a Bergen County sheriff’s officer made to jurors, according to this news report. Roy Hermalyn, who was an assistant school superintendent, was convicted in November 2007 of official misconduct. Prosecutors said he sexually touched a student and endangered the welfare of another.
After a one-month trial, jurors acquitted him of 23 counts and convicted him of four. Hermalyn was facing up to 10 years in prison. But a day after the verdict, one of the jurors told a defense attorney that a sheriff’s officer assigned to the courtroom told them that the jury had to be unanimous in its verdict. So the jury felt as if they had to decide and “come up with an answer.” Defense attorneys filed motions to dismiss the case. The state appeals court ruled that the officer’s comment was enough to warrant a new trial.
What a court officer says to the jury can have a significant effect on the jurors. In this situation, the officer gave them incorrect information. This case could have resulted in a hung jury. A conviction might not have occurred if jurors understood that they didn’t have to decide one way or the other. If you have been accused of a crime in New Jersey, you need an experienced criminal defense attorney on your side.
This incident demonstrates how extremely complex criminal trials can be. It is beneficial to have a skilled criminal defense lawyer in New Jersey who will not only build a solid defense strategy, but also closely monitor whether proper procedures are being followed by the prosecutor, state’s investigators, officers posted in the courtroom and jurors. The right to a fair trial is a right granted to us by the U.S. Constitution and as defense attorneys, it is our duty and privilege to protect your rights.
