CAL in the Courts

Murder conviction reversed because of sitting juror’s concealment of application to prosecutor’s office


On November 28, 2017, the Appellate Division, First Department reversed the second-degree murder conviction of CAL client, Equan Southall.   The First Department ruled that a sitting juror’s failure to disclose that she had submitted a job application to become an assistant district attorney with the Manhattan District Attorney’s office (which was prosecuting Southall) deprived Southall of twelve, impartial jurors of his own choosing and denied him his constitutional right to a fair trial.  The Appellate Division found that, among other things, the juror’s concealment of such material information demonstrated actual bias and disqualified her from service at this trial. CAL attorney John Vang represented Southall at the 440 proceedings and on appeal.