Less than 24 hours after convicting Cecily McMillan of 2nd degree felony assault, a juror has come forward expressing remorse about the decision to convict.
As the Guardian reported:
Finally freed from a ban on researching the case, including potential punishments, some [jurors] were shocked to learn that they had just consigned the 25-year-old to a sentence of up to seven years in prison, one told the Guardian. “They felt bad,” said the juror, who did not wish to be named. “Most just wanted her to do probation, maybe some community service. But now what I’m hearing is seven years in jail? That’s ludicrous. Even a year in jail is ridiculous.”
“For most of the jury, the video said it all,” the juror said. The juror said that an immediate vote after the 12 were sent out for deliberation found they were split 9-3 in favour of convicting. After everyone watched the clip again in the jury room, the juror said, two of the three hold-outs switched to the majority, leaving only the juror who approached the Guardian in favour of acquitting the 25-year-old. Sensing “a losing battle”, the juror agreed to join them in a unanimous verdict. “I’m very remorseful about it,” the juror said a few hours later, having learned of McMillan’s potential punishment.
As reported in a previous article found on Dailycensored,com, the video in question which was the basis for the jury’s decision to convict had been altered by prosecutors:
“A key piece of evidence is a video that shows some of the conflict between Cecilly and Bovell. Stolar contested the video shown saying “It’s been edited. It’s not the whole thing.”
Shawn Carrié tweeted that the prosecutor admitted it was not the original video that was first retained as evidence many months ago, which also was shared with defense… The judge allowed this video of the incident to be played in court.
The allowance of the edited video to be shown to jurors as evidence was one of several acts by Judge Zweibel which may have bamboozled the jury into delivering a guilty verdict.
Had the jurors also been presented with evidence of misconduct in Bovell’s personnel file, and had Austin Guest been allowed to testify that he had his head slammed by Bovell the same night as McMillan’s arrest, it is also possible that the jury may have reached a different verdict.
It was also reported that in closing arguments , prosecutor Erin Choi accused of McMillan of faking a seizure:
Prosecutors say that after the assault, McMillan “played dead” and faked a seizure in a “desperate and unconvincing attempt” to avoid arrest. http://www.courthousenews.com/2014/05/02/67565.htm
But the jury may also have been bamboozled because, as previously reported, Zweibel only allowed 45 seconds of the video of McMillan’s arrest to be shown in court, limiting the defense’s ability to refute this claim:
Stolar said the judge’s decision to restrict his use of videos of the arrest “is cutting the heart out of my ability to refute” that McMillan was faking a seizure to avoid being arrested. “I’m totally handicapped.” http://www.courthousenews.com/2014/04/23/67280.htm
While the prosecutor attempted to incite the jury, claiming in closing arguments that McMillan both faked a seizure and grabbed her own breast, the defense was prohibited from bring up prior misconduct in officer Bovell’s personnel file. Judge Zweibel threatened defense attorney Stolar with contempt of court, if he did so. This also may have steered the jury to a guilty verdict.
Rather a search for the truth, the McMillan trial was little more than a kangaroo proceeding “managed” by Judge Zweibel to deliver a guilty verdict.
Regretfully while many mainstream media outlets reported on the guilty verdict, few reported the irregularities in the court proceedings. The net result is the public has been misled to believe McMillan received a fair trial and was justly convicted, unaware of how the proceedings had been “managed” by Zweibel.
Ultimately the McMillan case is not about truth or justice. It is about the State’s use of unrestrained power to exercise dominance over the population. Where police are permitted to assault some civilians with impunity , while individuals who do not defer to the authority of the State are subjugated as a warning to others. It is for this reason McMillan was remanded to Riker’s Island immediately following the verdict.
Those seeking justice through the criminal court system are both naive and misguided. It is a pit of malice, where bottom feeders such as Zweibel and Choi build their careers upon the backs of the powerless.
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