September 30, 2008
Court denies new trial in limo crash case
A jury forewoman's word that she and her peers relied on inadmissible evidence when they voted to convict Martin Heidgen of murder was not enough Tuesday to convince a Nassau judge to set aside Heidgen's verdict.
Loy Malcolm, the forewoman in Heidgen's drunken driving murder trial, was one of five jurors who returned to court Tuesday to testify about whether they disobeyed the judge's orders during deliberations.
In a packed but silent Mineola courtroom, Malcolm told Acting State Supreme Justice Alan Honorof that one of her fellow jurors, Michelle Vargas, had disobeyed his orders and told her peers that Heidgen had had a "prior DWI" in college. Malcolm said that information helped persuade her to change her vote from guilty of second-degree manslaughter to guilty of second-degree murder.
But Vargas and three other jurors later testified that they didn't bring up Heidgen's record -- or hear anyone else bring it up. Heidgen was arrested during college, but the charges were later dismissed.
At the end of the day-long hearing, Honorof announced from the bench that he was "unconvinced" by the defense's argument. He said he will sentence Heidgen on Feb. 28.
"I was insulted by the defense that was waged here," said Neil Flynn of Long Beach, whose 7-year-old daughter Katie was killed in the July 2, 2005 crash. "Time and time again this guy, who claims to be so remorseful, has attempted to wriggle his way out of what he did."
Heidgen's lawyer, Stephen LaMagna of Garden City, said he was disappointed the hearing didn't address his broader claims of jury misconduct, including claims that jurors discussed Heidgen's possible sentence and that they discussed the case with their families.
"This will be just another issue that will be part of the appeals process," LaMagna said.
Heidgen, 25, of Valley Stream, was convicted in October of driving drunk the wrong way on the Meadowbrook Parkway in July 2005 and smashing into a limousine as it returned from a wedding in Bayville. Killed in the crash were the driver, Stanley Rabinowitz, 59, of Farmingdale, and Katie Flynn, who had been a flower girl in her aunt's wedding.
After the verdict, Malcolm told reporters that she regretted changing her vote from manslaughter to murder, and said she did so under duress after being bullied by several of her fellow jurors.
After LaMagna filed a motion to set aside the verdict based on jury misconduct, prosecutors agreed that a hearing was warranted on the sole issue of whether jurors had considered Heidgen's prior record.
During cross-examination of Malcolm, prosecutor Maureen McCormick pointed out that in a taped interview with prosecutors, Malcolm couldn't remember who brought up Heidgen's record. She said only that someone said Heidgen had had a "run-in" that involved drinking in college. McCormick suggested that Malcolm jumped to the conclusion that the other juror was talking about a "prior DWI" when they were talking generally about his drinking history.
Vargas and other jurors said they had not mentioned Heidgen's prior record, nor had they heard anyone else mention it. However they also said they were not privy to all jury discussions.
LaMagna said Vargas' testimony was not credible, adding that her claim that she told no family or friends that she was on the jury in the high-profile case was difficult to believe.
Experts have said it is extremely rare for a judge to overturn a verdict based on jury misconduct. Richard Klein, who teaches criminal law at Touro Law School in Huntington, said with only one witness to back the claim that Heidgen's record was discussed, it would have been difficult for Honorof to rule in favor of the defense.
Honorof said as much Tuesday, stressing he would not consider LaMagna's broader claims, such as whether jurors held secret after-hours meetings during deliberations.
"This court is not going to insert itself as a thirteenth juror in this case," he said.
Copyright © 2008, Newsday Inc.
Popular stories
- Steve Staples to retire as York Schools superintendent
- Street smarts
- Flowers, colors abound for fall weddings
- Counting down and planning the BIG DAY
- Half of Lake Powell thrives
- Neighbors: Water is unfit to drink
- Taking us to the cleaners
- Flowers, colors abound for fall weddings
- A History of The Virginia Gazette
- W&M eyes complex for arts
- Government
- Cincinnati Bengals
