BRONX MAN CONVICTED OF A BRUTAL ASSAULT IN A RARE CASE
INVOLVING AN ELEVEN MEMBER JURY OF HIS PEERS - DEFENDANT IS
FACING A MAXIMUM TERM OF 25 YEARS IMPRISONMENT
Bronx District Attorney Robert T. Johnson announced today the highly unusual verdict by which an eleven-member jury convicted a 31-year-old Bronx man of assaulting his victim with a baseball bat during a dispute at a car wash.
Francisco Martinez, of 2123 Boston Road, was found guilty on one count of Assault in the 1st degree, a Class B felony offense punishable by a maximum sentence of up to 25 years imprisonment. State Supreme Court Justice Richard Lee Price set sentencing for Tuesday, October 21, 2008 in Part T -16.
In New York State, criminal cases in which deliberations occur by fewer than twelve jurors are, in general, extremely rare. This case, however, is believed to be the first ever in which a jury of less than twelve also heard the testimony and cross examination of a rebuttal witness as well as summations before deliberating.
Prior to the testimony of the final witness, the judge had already released two alternate jurors when one of the remaining twelve informed the court that they would be unavailable for 2 ½ days. Given the option of proceeding with eleven jurors or having a mistrial declared, the defense sought to allow the proceedings to continue. The defendant’s first trial ended in a mistrial during deliberations earlier this year on February 7, 2008.
Martinez was found guilty of assaulting Edward McCoy, 41, by hitting the victim once in the head with a baseball bat leaving McCoy unconscious and lying on a sidewalk in a pool of blood. The attack occurred on March 26, 2005 at the corner of Southern Boulevard and East 181st Street. McCoy was driving out of a car wash when he found his path blocked by two cars that were double parked. McCoy asked that the cars be moved, sparking an argument that quickly escalated and then ended when McCoy was bashed in the head.
The case is being prosecuted by Assistant District Attorney Derek Lynton.
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