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Thursday, April 19, 2007

VICK trial update.

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posted by Bob at Thursday, April 19, 2007

3 Comments:

Blogger Bob said...

St. Paul / High court orders review of alleged slur in Vick trial
Officer's killer appealed, claiming juror's racial bias tainted case
BY SHANNON PRATHER
Pioneer Press
Article Last Updated: 04/18/2007 11:47:50 PM CDT


The Minnesota Supreme Court has ordered an inquiry into allegations that a juror who voted to convict a man in the slaying of St. Paul police Sgt. Gerald Vick used a racial slur.

During the January 2006 trial of Harry Evans, a woman called the judge's chamber and said she had heard a female juror say Hurricane Katrina "was God's way of killing the n- - - - - s."

Ramsey County District Judge Kathleen Gearin denied defense requests to investigate the tip, finding that scrutinizing every disparaging comment about jurors would undermine the jury system.

The jury convicted Evans, a black man, of the first-degree murder of Vick, a white officer. Evans, 34, was automatically sentenced to life in prison for the May 2005 slaying.

The alleged slur is now at the center of Evans' appeal. On Tuesday, the Supreme Court remanded the case to the trial court and ordered Gearin to release the name of the caller and telephone number to the defense and the prosecution.

Both sides can investigate and seek a hearing in front of the trial judge. Gearin would then decide whether to hold a hearing and issue a ruling. The complete case record then returns to the Supreme Court for further proceedings.

Ramsey County prosecutors say there's no evidence the jury's guilty verdict was "corrupted by racism," but they don't oppose the inquiry ordered by the Supreme Court.

"We welcome and will actively participate in following through on the court's order," said Ramsey County Attorney

Susan Gaertner. "My office is very interested in dispelling any notion that this conviction was tinged by racial bias. We don't think it was. We welcome the opportunity to show that."
Chief Justice Russell Anderson, writing for the court, said that while the judge's reluctance to dig into a juror's background based on a phone call was understandable, "we are not confident the record before us is sufficiently complete."

Evans is still a long way from a new trial, but this is an important step for the defense. The Supreme Court affirms most first-degree murder convictions without ordering further trial court proceedings.

Evans' public defender did not return a call for comment Wednesday. In court filings and during oral arguments last week, Evans' attorneys argued the judge should have investigated further at the time of the trial.

Vick, 41, was killed at 2:20 a.m. May 6, 2005, in an alley on St. Paul's East Side. Vick and his partner, Sgt. Joseph Strong, had been working undercover, investigating possible prostitution at Erick's Bar, when they confronted Evans and his friend Antonio Kelly, who was urinating on the sidewalk.

The officers, wearing plainclothes, chased Evans and Kelly into the alley, where Vick was shot. An outpouring of grief followed Vick's slaying, and Gaertner prosecuted the case personally.

On Jan. 12, 2006, the day after the trial's opening statements, a woman who identified herself as "Cathy" called Gearin's office and said she had information of possible prejudice of a seated juror. Cathy left her phone number. The judge's law clerk later spoke with Cathy, who described one of the female jurors making the comment about Hurricane Katrina, which had devastated New Orleans and other Gulf Coast communities Aug. 29, 2005.

Shannon Prather can be reached at sprather@pioneerpress.com or 651-228-5452.

10:05 AM  
Anonymous Anonymous said...

Was he the officer, that was Drunk on duty.
Did he start the argument that caused his death.
Some St.Paul Police pick on blacks.
What was the alcohol level, of St. Paul police Sgt. Gerald Vick.
Did Sgt.Vick use racial slur, toward the black men..

3:49 PM  
Anonymous Anonymous said...

Who was the prosecutor in the Vick Case. The trial was a wham bam, thank you maam.

7:17 PM  

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